Petition for quashing of FIR was filed. Petitioner sought to withdraw petition with liberty to apply for discharge. Petition disposed with liberty granted and direction to follow criminal procedure if charge framed.
Leave and liberty granted to withdraw petition with liberty to file application for discharge if charge not framed earlier.
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6-Wp-2730-2015.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2730 OF 2015
Sagar Surendra Tandel
V/s.
The State of Maharashtra & Anr.
… Petitioner
… Respondents
Mr.Kedar Patil for Petitioner.
Mr.Ajay Patil, A.P.P. for Respondent No.1-State.
API Mr.Balvant Patil, Nhavasheva Police Station is present.
CORAM : A.S. GADKARI AND
RAJESH S. PATIL, JJ.
DATE : 22nd July 2022.
P.C. :
1. Present Petition is filed for quashing of First Information Report
No. I-4 of 2015 dated 16th January 2015 registered with Nhavasheva Police
Station, Navi Mumbai.
2.At the outset, learned A.P.P., on instructions from API Mr.Balvant
Patil attached to Nhavasheva Police Station, submitted that, after completion
of investigation of the said crime, police have submitted chargesheet in the
Court of Judicial Magistrate First Class, Panvel.
3.In view thereof, Mr.Kedar Patil, learned Advocate for Petitioner
seeks leave to withdraw present Petition with liberty to file an application for
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Osk 6-Wp-2730-2015.odt
discharge, if charge is not framed earlier to this.
Leave and liberty granted.
4. Petition is disposed off with aforesaid liberty.
5. It is made clear that, if the charge is already framed by the Trial
Court, the Petitioner will follow necessary procedure as contemplated under the Criminal Procedure Code.[RAJESH S. PATIL, J.][A.S. GADKARI, J.]
Digitally signed by OMKAR OMKAR SHIVAHAR SHIVAHAR KUMBHAKARN KUMBHAKARN Date: 2022.07.22 17:14:14 +0530
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1 issue framed by the court
Whether the petition for quashing of FIR can be withdrawn with liberty to seek discharge.
Sagar Surendra Tandel
The State of Maharashtra
A.S. Gadkari
Rajesh S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court