Disposed
Nanhukhan Babumiya Shaikh and Anr. v. the State of Maharashtra and Anr.
Bombay HCAPL/440/2012
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 440 OF 2012
Nanhukhan Babumiya Shaikh & Anr. ... Applicants. Versus The State of Maharashtra & anr. ... Respondents.
Mr. Anand S. Patil for Applicants.
Mrs. S.D. Shinde, APP for State.
Mr. Ranjeet H. Patil for Respondent No. 2.
CORAM : A.S. OKA AND SMT. SADHANA S. JADHAV , JJ DATE : OCTOBER 23, 2012
P.C.:
1 Now it is pointed out that on 12th October, 2012 charge sheet has been filed.
2 The learned Counsel appearing for the Applicants makes a grievance that though repeatedly the matter was adjourned before this Court, chargesheet has been filed during the pendency of this Application. We may note here that the order dated 30th July, 2012 passed by the learned Single Judge records the statement of the Investigating Officer that the chargesheet will be filed within 2
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weeks. Even after recording the said statement, this Court did not grant any adinterim relief restraining filing of the chargesheet. On the contrary, by the said order this Court directed the Investigating Officer to remain present in the court with the chargesheet.
3 Now, in view of filing of the chargesheet, statutory remedy is available to the Applicants. Only on that ground, we decline to entertain this Application. The Application is disposed of by keeping the remedy open. All contentions raised by the Applicants are kept open.
(SMT. SADHANA S. JADHAV, J) (A.S. OKA, J.)
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Nanhukhan Babumiya Shaikh & Anr.
The State of Maharashtra & anr.
A.S. Oka
Sadhana S. Jadhav
As recorded by the court registry
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