The High Court declined to entertain a writ petition to quash a charge sheet because the petitioners had failed to challenge the Metropolitan Magistrate's prior order rejecting their application for discharge.
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CRWP1560
1
ssp
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1560 OF 2016
Office Notes, Office
Memorandam of Coram,
appearances, Court’s orders Court’s or Judge’s orders
or directions and
Registrar’s orders
Mr.Mohammed Umar Z. Kazi i/b Mr.Deepak M. Gupte for
the Petitioner
Ms S.V.Sonawane, APP for the Respondent No.2
CORAM :A.S.OKA AND
R.D.DHANUKA,JJ.
DATE :SEPTEMBER 8, 2016
P.C.:
.Not on board. Taken on board.
1Admittedly, the application made by
the petitioners for discharge has been
rejected by the learned Metropolitan
Magistrate on 5thMay 2015. The
petitioners have not challenged the
said order. Hence, we decline to
entertain this petition for quashing
the charge sheet. The writ petition is
accordingly disposed of. However, this
order will not prevent the petitioners
from challenging the order dated 5th May
2015 in accordance with law.
1 issue framed by the court
Whether the High Court should entertain this writ petition to quash the charge sheet since the petitioners have not challenged the Metropolitan Magistrate's order rejecting their application for disch
Petitioner
Respondent No.2
A.S. OKA
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court