1 crwp874-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.874 OF 2010 Nitin Shantilal Modha ..Petitioner. Versus The State of Maharashtra & Another ..Respondents. Ms.Sonia Miskin, Advocate appointed for the petitioner. Dr.F.R. Shaikh, APP for the State. CORAM : A.M. Khanwilkar, & U.D. Salvi, JJ. DATE : 31st August 2010. P.C. : 1. This petition under Article 226 of the Constitution of India is filed through jail. Essentially two reliefs are claimed; first relief is that the charge sheet / supplementary charge sheet has not been served on the petitioner. In response to this grievance, the learned Public Prosecutor appearing before the Trial Court has filed his personal affidavit stating that the supplementary charge sheet was duly served on the Advocate for the petitioner appearing before the Trial Court. There is no reason to doubt the correctness of this statement. However, the grievance of the petitioner seems to be that he has not engaged any Advocate before the Trial Court. Instead of going into this controversy, the learned APP in all fairness submits that 2 crwp874-10 additional copy of the charge sheet and supplementary charge sheet will be served on the petitioner without prejudice to the stand of the respondent – State that the petitioner has been already served with the same in the past. 2. The second prayer in the petition is in the nature of discharge application. That application will have to be moved before the Trial Court in the first instance. 3. In the circumstances, all contentions raised by the petitioner in the present petition filed through jail are left open to be considered in the discharge application to be filed by the petitioner before the Trial Court. The writ petition is disposed of in the above terms. 5. The Court expresses word of gratitude for the able assistance given by Ms.Sonia Miskin, Advocate appointed to espouse the cause of the petitioner. 6. Copy of this order be forwarded to the petitioner, who is in jail forthwith. (U.D. Salvi, J.) (A.M. Khanwilkar, J.)