FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1537 OF 2008 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri J.R.Shaikh, advocate for the applicant Shri S.D.Kaldate, A.P.P. for respondent no.1 Smt. A.N.Ansari, advocate for resp.no.2 CORAM : SHRIHARI P. DAVARE, J. DATED : 28.07.2009 Shri Kaldate, learned A.P.P. has tendered a letter dated 27.7.2009 issued by the P.I. Itwara police station, Nanded, stating that charge sheet in the present matter has been filed on 29.4.2008 before the Judicial Magistrate, First Class, 3 rd court, Nanded, and said case is numbered as S.C.C. 949 of 2008 on 13.5.2008. The said letter is taken on record and marked as document ‘X’ for identification. Accordingly, Shri Kaldate, learned A.P.P. Submits that nothing survives in the present application and requested to dispose it of. (2) Miss Sadat Kazi holding for Shri J.R.Shaikh, learned counsel for the applicant has also submitted that the applicant be granted liberty to file the application for discharge before the trial court, if the present application is disposed of. Considering the afore said position, since as per the contents of the afore said letter dated 27.7.2009, the charge sheet has been filed as afore said, nothing survives in the present application and, therefore, same stands disposed of, with liberty to the applicant to prefer an application for discharge before the trial court, if he so desires. If the applicant prefers such application for discharge before the trial court, the said application be decided on its own merits in accordance with law. (SHRIHARI P. DAVARE, J.) dbm/crap1537.08