Haribhau Bhiva Wanve And Others vs Eknath Rajaram Dawale And Others
2023 Latest Caselaw 7255 Bom

                                                             30-cri.appln.no.2176.2023.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO.2176 OF 2023

Ramesh @ Rajubhau Navnath Kokate                                   ..Applicant
     Vs.
The State of Maharashtra                                           ..Respondent

                                  ----
Mr.S.J.Salunke, Advocate for applicant
Mr.P.G.Borade, APP for respondent
                                  ----

                                    CORAM :  R.G.AVACHAT AND
                                             SANJAY A. DESHMUKH, JJ.

DATE : JULY 18, 2023 ORDER :-

Heard.

2. The applicant had, initially, moved for discharge. He was

unsuccessful therein. He took exception to the said order by filing

Revision Application before this Court. Learned single Judge partly

allowed the applicant's Revision Application and remanded the matter

back to the trial Court for rehearing of the application for discharge.

The applicant has again been unsuccessful and thereafter, he preferred

present application under Section 482 of the Code of Criminal

Procedure.

2 30-cri.appln.no.2176.2023

3. To our pointed query, learned counsel for the applicant,

relying on the judgment of this court in the case of Ramesh Manohar

Madawi Vs. State of Maharashtra and anr., 2023(2)Mh.L.J. (Cri.) 27,

submits that even if the application for discharge was rejected, the

applicant therein could avail remedy under Section 482 of the Code

of Criminal Procedure.

4. Close reading of the facts in the case of Ramesh (Supra)

indicate that the applicant therein had directly approached the High

Court post his rejection of his application for discharge.

5. The fact in the present case indicate the applicant

herein, having been unsuccessful in his application for discharge,

had availed revisional remedy. In view of the same, we are not

inclined to entertain this application. The applicant is, therefore,

permitted to convert this application into a Criminal Revision

Application, with liberty to file fresh memo of Revision Application.

6. Removed from the board.

[SANJAY A. DESHMUKH, J.] [R.G. AVACHAT, J.]

KBP