0109crn292.09.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 292 OF 2009 BHAGWANDAS MAROTI DAHIWALE VS. NATTHU LATUJI MODKAR & THE STATE ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. SB Wahane, Advocate for the applicant. Mr. DB Yengal, APP for respondent No.2-State None for respondent No. 1. CORAM:- R. Y. GANOO, J. DATED :- 01ST SEPT., 2009. 1. The applicant had filed an application for recalling of process after evidence before charge was framed. In the said application it was sought to be contended that process was wrongly issued. There is no discussion whatsoever in the said application as regards the evidence which came to be recorded at the stage of evidence before charge as contemplated under Section 244 of the Code of Criminal Procedure. Hence, strictly speaking, the said application cannot be termed as application for discharge. though it was generally mentioned in the said application that it is an application for discharge. It is apparent that based on the text of the said application dated 14/8/2003, the learned Judicial Magistrate, First Class has applied his 0109crn292.09.odt 2/2 mind and rejected the said application. No fault can be found in his behalf. As a result of this, a revision also rightly came to be dismissed. 2. Today, before this Court, learned Advocate Mr. Wahane states that his client wants to file an application for discharge as contemplated under Section 245 of Cri. P. C. based on the evidence of witnesses which is already recorded at the stage of framing of charge. 3. In the peculiar facts and circumstances, permission to withdraw this application is granted. Liberty as prayed for is also granted. 4. If at all the application for discharge is made, learned Judicial Magistrate, First Class shall apply his mind independently forgetting what has happened in the past and pass an appropriate order in accordance with the provisions of law. 4. Application is disposed of accordingly. 5. Hamdast granted. JUDGE wwl