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2025 DAILYLAW 5942 (BOM)

SHAFIQ SAYED S/O. SYED ISMAIL ATAAR AND OTHERS v. THE STATE OF MAHARASHTRA AND ANR

APPLN/150/2019 · 2025-07-31

Shri Sanjay A Deshmukh, Smt Vibha Kankanwadi

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Judgment text

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1 criappln-150-2019 IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 906 CRIMINAL APPLICATION NO. 150 OF 2019 SHAFIQ SAYED S/O. SYED ISMAIL ATAAR AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ANOTHER …. APP for Respondent No.1-State : Ms. R.P. Gour Advocate for Respondent No.2 : Ms. S.G. Budhalkar h/f Mr. Vishal A. Bagal …. CORAM : SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ. Dated : 31st July 2025 PER COURT :- 1. Learned Advocate for the applicants is absent. 2. By order dated 16.01.2019, this Court had granted ad-interim relief in the form that the Investigating Officer may proceed with the investigation, however, shall not file the charge- sheet without seeking leave of the Court. It appears that, that order itself was inadvertently passed. In prayer clause ‘B’ itself, it was stated that the FIR as well as charge-sheet bearing No.77 of 2018, be quashed and set-aside. Now, after 25th April 2019, when the matter was adjourned to 11th June 2019, learned Advocate for the applicants had not got the matter circulated till today. 2025:BHC-AUG:20248-DB 2 criappln-150-2019 3. Learned APP, now, points out that a non-bailable warrant has been issued against all the accused persons i.e. the present applicants. Under such circumstance, this is not a fit case where we should exercise our inherent powers under Section 482 of the Code of Criminal Procedure, 1973. 4. In view of the above, the application stands dismissed. [ SANJAY A. DESHMUKH ] JUDGE [ SMT. VIBHA KANKANWADI ] JUDGE asd