1 revn-577-10 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.577 OF 2010 Aaditya Vikram Singh ..Applicant Vs. The State of Maharashtra ..Respondent WITH CRIMINAL REVISION APPLICATION NO.16 OF 2011 Sunil Sharma ..Applicant Vs. The State of Maharashtra ..Respondent Mr. P.K.Dhakephalkar, Senior Advocate i/b Legal Vision for the Applicant Mr. S.A.Shaikh, APP for Respondent State CORAM : N. D. DESHPANDE, J. DATE : 22nd February, 2011 P. C. 1. By these revision applications, the applicants-accused challenge the order dated 4 th December 2010 passed by the learned Additional Sessions Judge, Mumbai, rejecting their applications for discharge under section 227 of the Code of Criminal Procedure, 1973 (for short “the Code”) in Sessions Case No. 636 of 2009. 2 revn-577-10 2. Mr. Dhakephalkar, learned counsel for the applicants, submitted that the charge has not yet been framed by the Sessions Court and as such the application for discharge made under section 227 of the Code is maintainable. He further submitted that an application was decided not on evidence but by referring to accusation, allegations or material found or stated in the charge- sheet cannot be said to be a decision on merit in a criminal trial. The criminal trial is decided after the charge is framed on the basis of proved evidence. He further stated that the prosecution is going to open its case by describing the charge brought against the applicants-accused under section 226 of the Code and stating that there is evidence against the applicants-accused to proceed further, after the case is committed to the Sessions Court. 3. Learned counsel for the applicants seek leave to withdraw the revision applications with liberty to make their submissions before the Sessions Court at the time of hearing on the point of charge u/s 226 of Criminal Procedure Code.. 4. The revision applications are disposed of as withdrawn with liberty as above. ( N. D. DESHPANDE, J. )