Petitioner's writ petition for quashing FIR was disposed of as the discharge application was pending, rendering the quashing petition infructuous. Court directed Trial Court to decide discharge on merits.
Petition disposed of; Trial Court directed to decide discharge application on merits before framing charges.
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WP/5001/2015
BDPPS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5001 OF 2015
Mrs. Rohini Dileep Patil
….. Petitioner.
V/s
State of Maharashtra …... Respondent.
Mr. Ravindra D. Deshmukh for the Petitioner. Mrs. M.H. Mhatre, APP for the State.
CORAM: V. M. KANADE & REVATI MOHITE DERE, J.
DATE: 9th December, 2016
P.C.:
1] Petitioner has filed an application for discharge and it is pending in the Trial Court. Chargesheet is already filed and, as such, Petition filed for quashing the FIR has become infructuous.
3] The learned Magistrate may decide the application for discharge on merits and in accordance with law and shall not be influenced by the fact that Petition for quashing of FIR has been disposed of by this Court. This shall be done before framing of charge.
(REVATI MOHITE DERE, J. ) (V.M. KANADE, J.)
Mrs. Rohini Dileep Patil
State of Maharashtra
V. M. Kanade
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
