The High Court, on the application of the applicant, permitted the withdrawal of a Criminal Application seeking quashing of a criminal complaint alleging cheating under Section 420 IPC, based on the Investigating Officer's statement that no offence was made out.
Permission to withdraw the application granted; application disposed of as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1591 OF 2005
Shri. J.K. Bagaria ...Applicant
Versus
The State of Maharashtra ...Respondents
Mr. Shirish Gupte, Sr. Advocate with Mr. Subodh
Desai, Advocate for Applicant
Mr. Omprakash Pande, Advocate for Ori. complainant
Ms. S.V. Gajare, A.P.P. for State.
CORAM:SMT. V.K. TAHILRAMANI, J.
DATED: 30TH AUGUST, 2005
P. C.:-
1. Heard the learned counsel for the applicant, the
learned advocate for the original complainant and the
learned A.P.P. for the State.
2. The applicant is seeking quashing of C.R. No.
54 of 2004 of Shirole M.I.D.C. police station,
District Kolhapur. The said case is under Section
420 of I.P.C. The case in respect of the said C.R.
is pending before the learned J.M.F.C. Vadgaon,
District Kolhapur.
3. The learned A.P.P. on instructions from Mr.
Vilas M. Jadhav, P.I. EOW, Kolhapur, Investigating
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Officer, in the said case, states that the
investigation in the said case is over and upon
investigation, it is revealed that no offence is made
out and the matter is of civil nature. The learned
A.P.P. further states that the report to that effect
has been prepared by the investigating officer and it
will be produced before the concerned Magistrate
within a period of two weeks from today.
4. In view of this statement, the learned counsel
for the applicant states that he does not wish to
press the present application and he seeks permission
to withdraw this application. Permission granted.
Application is allowed to be withdrawn and disposed
of as such.
*****
Shri. J.K. Bagaria
The State of Maharashtra
V.K. Tahilramani
As recorded by the court registry
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