The High Court permitted the petitioner to withdraw a writ petition with liberty to apply for discharge. The court granted liberty to approach the Metropolitan Magistrate under Sections 238-240 Cr.P.C. regarding the filed chargesheet.
Permitted withdrawal of the petition with liberty to apply for discharge under Ss. 238-240 Cr.P.C.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1936 OF 2009
Abdul Wahid Abdullah Mapkar .. Petitioner. V/s. The State of Maharashtra .. Respondent.
Mr. D.S. Mhaispurkar i/by H. Ghadigaonkar & Sandesh More for the Petitioner.
Dr. F.R. Shaikh, APP for the Respondent -State.
CORAM : J. N. PATEL AND A. A. SAYED, JJ.
DATED : 05TH DECEMBER, 2009
P.C. :
The learned counsel for the petitioner submits that in view
of the fact that the chargesheet in the case has already been filed before the Magistrate having jurisdiction over the matter, the petitioner may be permitted to withdraw the petition with liberty to apply for discharge. We permit the petitioner to withdraw the petition with liberty in case the petitioner files an application under sections 238, 239 and 240 of the Cr.P.C. before the learned Metropolitan Magistrate in whose court the chargesheet is filed. The learned Magistrate would dispose of the application, if filed,
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in accordance with law. Petition is dismissed as withdrawn.
(J.N. Patel,J.)
(A.A. Sayed,J.)
1 provisions across 1 enactments
Abdul Wahid Abdullah Mapkar
The State of Maharashtra
J. N. PATEL
A. A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
