:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 411 OF 2007 APPLICATION NO. 411 OF 2007 APPLICATION NO. 411 OF 2007 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 1915 OF APPLICATION NO. 1915 OF APPLICATION NO. 1915 OF 2006 2006 2006 AND AND AND CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 902 OF 2006 APPLICATION NO. 902 OF 2006 APPLICATION NO. 902 OF 2006 The State of Maharashtra. ...Applicant. V/s. 1. Nimish Thakore. ...Respondent. (Orig.Accused in Cri.Appln.1915/06) 2. Dilip Balkrishna Sheth. ... Respondent. (Orig.Accused in Cri.Appln.902/06) Mr. P.A. Pol for the Applicant. None for the Respondents. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 13TH 13TH 13TH JANUARY 2009. JANUARY 2009. JANUARY 2009. P.C. P.C. P.C. : : : . Heard learned A.P.P. for the Applicant. 2. This is an application for expunging the remarks in the order dated 8th December 2008. 3. Mr. Pol, learned A.P.P. has invited my attention to the order passed in the Criminal Application and more particularly the observations in para 9 of the same to the following effect :- " It would also be open for the Authorities to take such steps as are permissible in law against the present I.O. for filing an affidavit containing :2: misleading statements so also for not implementing the orders and directions of this Court." 4. It is contended that when the affidavit was filed, it should have been pointed out by the State that the State that already taken steps to file charge-sheet. It is stated that charge-sheet was already filed pursuant to the orders and directions of the Division Bench and those proceedings should have been pointed out. In EOW C.R.No.85 of 2004 was filed on 3rd October 2006. In C.R. No.115 of 2003, investigation was not concluded but finally the charge-sheet has been filed in that matter. In such circumstances, I am of the view that interest of justice would be sub-served if the above quoted remarks in the said order are expunged at the request of the learned A.P.P. 5. Copies of this Application have been already forwarded to the other side and it is reported that they have left the matter to the Court. 6. In these circumstances, in exercise of this Court’s power under Section 482 of Cr.P.C., the above quoted remarks and directions are expunged from the record. The Application is allowed in the above terms. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)