The High Court dismissed a criminal writ petition as withdrawn. The petitioner accepted an undertaking from the State that a charge-sheet would be filed within a week, despite earlier delay.
Petition dismissed as withdrawn with no order as to costs.
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15-WP-29-2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.29 OF 2012
BHAGWAN CHELLARAM CHELLANI )...PETITIONER
V/s.
THE STATE OF MAHARASHTRA & ORS.
)...RESPONDENTS
Mrs.Prabha Badadare Advocate for the Petitioner.
Mrs.A.S.Pai APP for the State.
Mr.R.G.Merchant i/b. M/s.Rizwan Merchant & Associates Advocate for Respondent Nos.5 to 8.
Investigating Officer Mr.Hemant Gosavi, P.I., Bandra Kurla Police Station, present in court.
CORAM: P. V. HARDAS & ABHAY M. THIPSAY, JJ.
DATE : 27th FEBRUARY, 2013.
P.C. :
1 Our attention has been invited to the order passed by a Division Bench of this court dated 7.1.2013, wherein, it is recorded on statement of the learned APP that the investigation was complete and the charge-sheet would be filed within two weeks from the date of the order.
2 It has now been brought to our notice that the aforesaid statement was incorrect, as the charge-sheet has not been filed.
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15-WP-29-2012
3 The learned APP, however, states on instructions from Investigating Officer Mr.Hemant Gosavi, P.I., Bandra Kurla Police Station, who is present in the court that the charge-sheet could not be filed due to the absence of some of the accused.
4 The learned APP, however, states that the charge-sheet would be positively filed within a week from today.
5 We accept the said statement i.e. the charge-sheet would be filed within one week from today, as an undertaking to the court.
6 In the light of the statement of the learned APP, the learned counsel for the petitioner seeks to withdraw this petition.
7 We accordingly dismiss this petition as withdrawn, accepting the statement made by the learned APP on behalf of the Investigating Officer.
8 In the circumstances, there shall be no orders as to costs.
(ABHAY M. THIPSAY, J.) (P. V. HARDAS)
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Bhagwan Chellaram Chellani
The State of Maharashtra & Ors.
P. V. Hardas
Abhay M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
