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2016 Supreme(Bom) 1981

A.S.OKA, A.A.SAVED
Bharatkumar S. Gupta – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Applicant :Mr. Nitesh Bhutekar a/w Mr. Manoj Shirsat, Mr. Vijay Dighe, Mr. Ayodhya Patki, Advocates.
For the Respondent:Dr. F.R. Shaikh, A.P.P., Mr. Sachin Chandan, Advocate.

JUDGMENT :

A.S. Oka, J.

Heard the learned Counsel appearing for the Applicant and the learned Counsel appearing for the second respondent. This Application was argued yesterday. To enable the learned Counsel appearing for the Applicant to make further submissions, the Application was kept back till the afternoon session yesterday. On the request made by the learned Counsel appearing for the parties, we again granted time till today. We have heard further submissions.

2. The prayer in this Application is for quashing the criminal case on the basis of the First Information Report registered at the instance of the second Respondent for the offence punishable under section 377 and other sections of the Indian Penal Code. It is not in dispute that on completion of the investigation, charge-sheet has been filed by the police for various offences including the offence punishable under section 377 of the Indian Penal Code. It is also not in dispute that the present Applicant filed Criminal Writ Petition No.3858 of 2013 in this Court for quashing the proceedings of the impugned First Information Report and on 17 December 2013, the Petition was withdrawn with liberty to raise all contentions be



















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