The petitioner, a convicted accused stating he is not desirous of prosecuting the instant petition, will present the memo of appeal before the Court within three weeks.
Disposal of the writ petition as withdrawn with liberty as prayed.
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(2)WPNo.4422019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.442 OF 2019
Suresh Baburao Chandane ...Petitioner
Versus
The State of Maharashtra ...Respondent
Mr.Tejas Hilage, Advocate for the Petitioner.
Mr.A.R.Kapadnis, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 11th OCTOBER 2019.
P.C.:
1The petitioner is a convicted accused in Sessions Case
No.111 of 2004 decided on 01/03/2006 by the learned 5th Adhoc
Additional Sessions Judge, Kolhapur. He is found guilty of offence
punishable under Sections 325 and 387 of the Indian Penal Code
and accordingly, he is sentenced to suffer rigorous imprisonment
for three years apart from a direction to pay fine of Rs.5,000/- and
in default to undergo simple imprisonment for four months on
each count. The petitioner preferred Criminal Appeal bearing
No.23 of 2006 before the learned Sessions Judge, Kolhapur.
However, it was held that the appeal as framed and filed is not
maintainable in view of the provisions of Section 374(2) of the
Code of Criminal Procedure.
1/2
Gaikwad RD
(2)WPNo.4422019.odt
2The learned Counsel appearing for the petitioner, on
instructions, makes a statement that as the petitioner is not
desirous of prosecuting the instant petition and by getting the
Memo of Appeal returned from the Sessions Court, he will present
the same before this Court within a period of three weeks from
today.
3The petition is accordingly disposed of as withdrawn
with liberty as prayed.
2/2
Gaikwad RD
2 issues framed by the court
Whether the writ petition should be disposed of upon the statement by the petitioner that he does not desire prosecuting the petition.
What was the consequence of the petitioner's statement regarding prosecution of the petition.
Suresh Baburao Chandane
The State of Maharashtra
A.M.Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court