The High Court dismissed a criminal application (A.P.L.) due to consistent non-appearance of the applicant's counsel, marking it as the last chance after a previous extension.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
apl769.15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO.769/2015
Kushalkumar s/o Ramavatar Sharma and ors. ..vs.. The State of Maharashtra through PSO P.S. City Kotwali, Akola and anr.
CORAM : B. R. GAVAI & V. M. DESHPANDE, JJ. DATE : JULY 11, 2016
In our order dated 27.06.2016, we had observed that the learned counsel for the applicant is consistently absent. We had granted one week's time by way of last chance at the request of Ms Jayshree Junghare holding for Mr. C.N. Wankhede, learned counsel for the applicants.
We had made it clear that if the counsel for the applicants does not appear in the matter on the next date, we will dismiss the present application.
Today also when the matter is called out, neither Mr.Wankhede nor Ms Junghare, Advocates are present. Mr.Kurekar, learned counsel for the non applicant no.2 informed that the charge-sheet is already filed in the matter.
In that view of the matter, we find that the petitioner cay very well apply for discharge before the trial Court.
The application is, therefore, dismissed relegating the petitioner to alternate remedy available in law.
JUDGE JUDGE
kahale
Kushalkumar s/o Ramavatar Sharma and ors.
The State of Maharashtra through PSO P.S. City Kotwali, Akola and anr.
B. R. Gavai
V. M. Deshpande
As recorded by the court registry
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