Petitioners accused in C.No. 1012/PW/2012 sought by CWP-2262 of 2012 to quash pending criminal proceedings. Court held an efficacious remedy for discharge existed under Section 239 CrPC. Petition withdrawn and dismissed.
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1
CWP-2262.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL WRIT PETITION NO. 2262 OF 2012
NEETU RAJIV ARORA & ANR.
.. PETITIONERS
VERSUS
STATE OF MAHARASHTRA & ANR... RESPONDENTS
Mr. Girish Kulkarni a/w Virem V. Vashi, Advocate for the petitioners Ms. R. M. Gadhavi, APP for the State Mr. Niranjan Mundargi, Advocate for the R. No. 2.
CORAM:-ABHAY M. THIPSAY, J. DATED : 25/07/2013
P.C.
Heard.
2 The petitioners are accused in Criminal Case No.
1012/PW/2012 pending before the Metropolitan Magistrate, 24th Court, at Mumbai.
3 By this petition, invoking the writ jurisdiction of this court, the petitioners pray that the said criminal proceedings against them be quashed.
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2
CWP-2262.12
4 Admittedly, no charge has been framed by the
learned magistrate so far in the matter. The petitioners have an effective remedy of seeking discharge from the learned magistrate. In any case, the learned magistrate at the stage contemplated by Section 239 of the Criminal Procedure Code, is bound to hear the petitioners and then proceed further in the matter.
5 When this aspect of the matter, namely: that there exists an efficacious statutory remedy for the petitioners, is discussed, the learned counsel for the petitioners states that, he would not press the present petition, and that the petitioners would make an appropriate application before the learned magistrate.
6 The petition is allowed to be withdrawn and stands
dismissed as such.
(ABHAY M. THIPSAY, J.)
md.saleem
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1 provisions across 1 enactments
NEETU RAJIV ARORA & ANR.
STATE OF MAHARASHTRA & ANR.
ABHAY M. THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
