The High Court allowed the withdrawal of Criminal Writ Petition No.1452 of 2012 and treated the same as dismissed, noting the absence of a disputed withdrawal slip needed for handwriting verification.
The writ petition is allowed to be withdrawn and stands dismissed.
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33-WP-1452-2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1452 OF 2012
SMT.SUMAN SHANKAR SAWANT )...PETITIONER V/s.
THE STATE OF MAHARASHTRA & ANR. )...RESPONDENTS
Mr.Prashant P. Jadhav Advocate for the Petitioner.
Mrs.S.D.Shinde APP for the State.
Mr.Umesh Mankapure Advocate for the Respondent No.1.
CORAM: ABHAY M. THIPSAY, J. DATE : 19th JUNE, 2013.
P.C. :
1 Heard.
2 The order dated 21.9.2004 passed by the Magistrate mentions that the application dated 21.2.2004 (Exhibit 78) was not being granted, because the disputed document, namely, the withdrawal slip was not on record. The learned Magistrate was of the view that till the disputed document, i.e. withdrawal slip, would be on record, there would be no occasion to take the opinion of the hand writing expert with respect to the signature thereon, which is alleged to be forged.
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33-WP-1452-2012
3 This reasoning of the Magistrate is proper and infact indicates that the Magistrate would be reconsidering the question of obtaining the opinion of the hand writing expert, in the event of such withdrawal slip coming on record.
4 In view of this, the learned counsel for the petitioner seeks permission to withdraw the petition.
5 The petition is allowed to be withdrawn and stands dismissed as such.
(ABHAY M. THIPSAY, J.)
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SMT.SUMAN SHANKAR SAWANT
THE STATE OF MAHARASHTRA
ABHAY M. THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
