Bombay High CourtIA/2521/2024allowed

Pooja Rajiv Gandhi And ANR v. The State Of Maharashtra And ANR

2024-09-04Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande3 pages

1/3 22 ia 2521 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2521 OF 2024 IN CRIMINAL APPLICATION (APL) NO.1205 OF 2017 Pooja Rajiv Gandhi and Anr.

.... Applicants

Versus

The State of Maharashtra and Anr.

.... Respondents WITH CRIMINAL APPLICATION (APL) NO.969 OF 2016 Sameer Satishrao Karpe and Ors.

.... Applicants

Versus

The State of Maharashtra and Anr.

.... Respondents .....

Mr.Bhomesh Bellam i/b. M/s.DSK Legal, Advocate for the Applicants in APL 969 of 2016.

Mr.Shyam Kalyankar, Advocate for Applicant in APL 1205 of 2017.

P.I. Bharat Shinde, Bhosari Police Station, Pimpari Chinchwad Police Station, present in IA 2521 of 2024.

.....

CORAM : BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 4th SEPTEMBER 2024.

P.C. :

We have considered the affdavits placed on record Digitally signed by RAJESHRI PRAKASH AHER Date:

2024.09.18 15:33:42 +0530 RAJESHRI PRAKASH AHER by the Mr.Bharat Shinde, Police Inspector (Crime) Bhosari

2/3 22 ia 2521 of 2024.doc Police Station, Pimpari Chinchwad, Pune, who made a statement based on the instructions received by him from Mr.Bharat Shinde, Investigating Offcer and PI attached to Bhosari Police Station, Pimpari Chinchwad, Pune, that the charge sheet is ready to be fled.

Admittedly, the chargesheet is not fled within the period stipulated. Accepting the version of Mr.Bharat Shinde, PI Bhosari Police Station, Pimpari Chinchwad, Pune, in the affdavit, that now he is ready to fle the chargesheet before the Competent Authority, if permission granted by this Court, we deem it appropriate to permit to fle the chargesheet, within a period of one week from today.

Upon fling of the chargesheet, the same shall be placed before us.

List on 30th September, 2024.

Interim Application No.2521 of 2024 seek restoration of the Criminal Application (APL) No.1205 of 2017, which was disposed of in the wake of the statement made by the offcer that the chargesheet shall be fled within the stipulated period.

In the wake of the aforesaid, the relief in the Application to restore the main Application No.1205 of 2017, do not require any consideration as the only change in the scenario today is belated fling of chargesheet.

3/3 22 ia 2521 of 2024.doc Since on 25th April, 2024, the learned counsel for the Applicants sought instructions to withdraw the Application to fle a discharge before the trial Court on fling of chargesheet, this remedy is still open to him pursuant to the chargesheet being fled.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)