Advocates:
['PUBLIC PROSECUTOR', '', 'MALTE UDAY S ADV', 'AB KALE', '']

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO.81 OF 2003

The State of Maharashtra

PETITIONER

VERSUS

1. Anilkumar Jinabhai Patel,

Age-54 years,

2. Darshan Anilkumar Patel,

Age-34 years,

Both residents of 156,

Visanji Nagar, Jalgaon,

Dist. Jalgaon

RESPONDENTS

Mr.U.S.Malte, Special Prosecutor for petitioner.

Smt.S.S.Jadhav, h/f. Mr.A.B.Kale, learned counsel for respondents.

(CORAM : A.V.POTDAR, J.)

RESERVED ON : 08/01/2010

PRONOUNCED ON : 15/01/2010

J U D G M E N T :

1.

In this writ petition, rule came to be issued vide order dated

19/09/2003.

2.

By the present writ petition, the State has approached this

Court challenging the legality and validity of the judgment and order

dated 29/10/2002 passed by the Sessions Judge, Jalgaon in

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Criminal Revision Application No.225/2002 and to confirm the order

passed by the learned J.M.F.C. in RCC No.539/2000 by which the

application filed by the respondents for discharge, below Exh.10 is

came to be dismissed.

3.

Such of the facts which are necessary before considering the

submissions of parties, for the just decision of the pre