Sunanda Prakash Pitrubhakta vs Prashant Rajendra Agrawal And ...
2022 Latest Caselaw 3762 Bom

           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                 CRIMINAL APPLICATION NO.871 OF 2021


 Sau. Sunanda Prakash Pitrubhakta                ... APPLICANT
          VERSUS
 Shri Prashant Rajendra Agrawal & ors.           ... RESPONDENTS
                                .......
 Mr. Mukul S. Kulkarni, Advocate for applicant
 Mr. R.B. Bagul, A.P.P. for respondent No.4 - State
                                .......

                                  CORAM :   R. G. AVACHAT, J.

                                  DATE :    6th APRIL, 2022.
 PER COURT :

In view of Section 216(4) of the Code of Criminal

Procedure, charge may be altered at any time by the Court

concerned. A useful reference can be made in this behalf to a

judgment in case of State of Maharashtra Vs. Salman Salim

Khan & anr. [ (2004) 1 SCC 525 ] In view of the same, the

applicant may approach the trial Court first and urge for

withdrawal of the charge for the offence punishable under

Section 409 of the Indian Penal Code is concerned. The Judge

concerned shall decide such application on its own merits.

With this liberty, the criminal application stands disposed of.

( R. G. AVACHAT ) JUDGE

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