HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL…
application dismissed as withdrawn with liberty to file a fresh application before the Trial Court
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.5207 OF 2004
Shri.Sunil Bajrang Gaikwad ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr.S.V.Kotwal for Applicant.
Mr.K.V.Saste, A.P.P. for Respondent.
CORAM: A.M.KHANWILKAR, J.
APRIL 26, 2005.
P.C.
1. The principal question that was agitated
before this Court was: whether provisions of
M.C.O.C.A. could be applied only to one amongst
the several accused in the case? During the
pendency of this Application, Competent Authority
has accorded sanction, applying provisions of MOCA,
to prosecute one more accused in addition to the
present Applicant.
: 2 :
2. In view of this development, Counsel for
the Applicant submits that the Applicant be
permitted to withdraw this Application, with
liberty to file fresh Application before the Trial
Court, which in turn, will be considered on its own
merits in accordance with law. Hence, dismissed as
withdrawn with liberty as prayed.
3. Affidavit of Shri.J.D.Virkar, sworn on
16th April 2005 is taken on record.
A.M.KHANWILKAR, J.
2 provisions across 2 enactments
Shri. Sunil Bajrang Gaikwad
The State of Maharashtra
A.M. Khanwilkar
As recorded by the court registry
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