Appellants challenged an order directing investigation under Section 156(3). After charge-sheet filing, they sought to withdraw the criminal application with permission to explore other remedies.
Permission granted to withdraw the criminal application; application dismissed as such.
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1
18 appln.1405.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. APPELLATE SIDE JURISDICTION
CRIMINAL APPLICATION NO. 1405 OF 2013
PRATAP WAMAN PATIL AND ANOTHER VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
Advocate for Applicants : Mr. Vinod Prakash Patil.
APP for Respondent No.1 : Mr. G.R.Ingole. Advocate for Respondent No.2 : Mr. K.N. Lokhande.
CORAM : ABHAY M. THIPSAY, J. DATE : 26th September, 2013.
P.C.:
. Heard.
2 The Applicants have approached this Court challenging the registration of an offence on the basis of an order under Section 156(3) passed by the learned Magistrate at the instance of Respondent No.2 herein. However, during the pendency of the present application, investigation has proceeded and a charge-sheet has been filed against the Applicants.
3 Since now, that a charge-sheet has been filed, the question as to whether the investigation should have been ordered or not initially has become redundant. The trial Court has not applied its mind to the contents of the charge-sheet for ascertaining, whether or not, it makes out a case for proceeding against the Applicants.
2
18 appln.1405.13
4 In view of this, the learned counsel for the Applicants seeks permission to withdraw the application, stating that the Applicants shall adopt other statutory remedies available to them for the redressal of their grievance.
such.
[ ABHAY M. THIPSAY, J. ]
ndm
PRATAP WAMAN PATIL AND ANOTHER
THE STATE OF MAHARASHTRA AND ANOTHER
ABHAY M. THIPSAY
As recorded by the court registry
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