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Bombay High CourtIA/4301/2024allowed

Kishor Shinh Bhavsinh Rathod And ANR. v. The State Of Maharashtra

2025-01-10Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Rajesh S. Patil2 pages

Digitally signed by TRUPTI SADANAND BAMNE Date:

2025.01.15 10:39:16 +0530 TRUPTI SADANAND BAMNE Trupti 13-ia-4301-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4301 OF 2024 IN WRIT PETITION NO. 4765 OF 2019 Mr.Kishor Shinh Bhavsinh Rathod & Anr.

...

Applicants/ Petitioners versus The State of Maharashtra ...

Respondent ---- Mr. Anil Lala with Mr. Yash Pulsar i/b. Lala & Lala for the Applicants.

Ms.P.N.Dabholkar, APP for the Respondent -State. ---- CORAM :

RAVINDRA V. GHUGE & RAJESH S. PATIL, JJ.

DATE :

10TH JANUARY, 2025.

P.C. :- 1.

The State is the Complainant/ Informant.

2.

The Applicants submit that Applicant No.1 in this proceeding desires to disassociate himself and prays for deletion of his name from the proceeding.

3.

In view of the above, the name of Applicant No.1 stands deleted from the Writ Petition. Needless to state, the Writ Petition stands disposed off to his extent.

Trupti 13-ia-4301-2024.odt 4.

Since the sole Applicant desires to amend the Writ Petition, which is at a pre-admission stage, we have considered the pleadings set out in the Interim Application. Earlier, an order was passed on 4th October, 2019 permitting the Applicants to amend the Petition. By oversight, the learned Advocate dealing with the Writ Petition, failed to carry out the amendment. Hence, this Interim Application.

5.

In order to enable the Petitioner to put forth his entire case and since the Petition is at a pre-notice stage, this Interim Application is allowed.

6.

Let the amendment, be carried out within a period of four weeks from today.

7.

A freshly typed amended copy of the memo of the Petition shall be placed on record within the same timeline and a copy be supplied to the learned APP.

(RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.)