A single-paragraph criminal application abating concordance on withdrawal with liberty to file proceedings against prior orders, despite pending limitation.
Criminal Application allowed to be withdrawn with liberty to file appropriate proceedings, subject to limitation.
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142apl19.13.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.19 OF 2013 (Rajnikant s/o. Daluramji Borele and Ors. vs. State and anr.)
Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders.
Coram : A.P.LAVANDE & A.B.CHAUDHARI, JJ. Date : 14.2.2013.
Heard Mr.A.K.Bhangde, learned Counsel for the applicants and Mrs.M.H.Deshmukh, learned A.P.P. for respondent no.1.
By this application filed under Section 482 of the Code of Criminal Procedure, the applicants have sought quashing of the First Information Report and stay of the proceedings in Crime No.82 of 2008.
The applicants had already filed an application for discharge which was dismissed by the learned Judicial Magistrate, First Class, Pandharkawada (Kelapur) by an order dt.27.1.2010 and the revision preferred against the said order has also been dismissed by the Revisional Court by an order dt.18.9.2012. Therefore, the applicants ought
142apl19.13.odt 2
to have challenged both these orders, which has not been done by the applicants. Hence, Mr.A.K.Bhangde, learned Counsel for the applicants seeks leave to withdraw present Criminal Application No.19 of 2013 with liberty to file appropriate proceedings against the above referred two orders dt.27.1.2010 and 18.9.2012 passed by the J.M.F.C., Pandharkawada and the Additional Sessions Judge, Pandharkawada respectively.
The Criminal Application is allowed to be withdrawn with liberty to avail of the appropriate proceedings, subject to limitation.
J UDGE
J UDGE
jais
2 issues framed by the court
Whether leave to withdraw a quashing application is grantable when prior proceedings were unsuccessfully challenged but appeals were not filed within limitation.
Whether the application should be dismissed for non-compliance or allowed to be withdrawn with liberty to file appropriate proceedings.
1 provisions across 1 enactments
Rajnikant s/o. Daluramji Borele and Ors.
State and anr.
A.LavanDe
A.B.ChaudhAri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
