: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 224 OF 2009 Maruti Rambhau Chikhale .. Petitioner v/s. The State of Maharashtra & Anr. .. Respondents ........ Mr. Abhaykumar Apte for petitioner Mr. D.P. Adsule, APP for State ........ CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. Dated : 23rd November, 2009. P.C. : 1. Further to our order dated 09.11.2009, we have seen the record produced by Mr. Adsule, the learned APP. It is pointed out that the order dated 27.2.2009 was not uploaded on the computer system, as per the instructions received from the Superintendent in the P.P.’s office. The record shows that on 07.03.2009, writ was issued on the basis of the said order dated 27.2.2009 and it was received by the Manchar Police station : 2 : on 25.3.2009. Mr. Apte, therefore, pointed out that Manchar Police station has received the writ on 25.3.2009 and much before the chargesheet was filed on 30.4.2009. Though the affidavit by Shri. Dnyaneshwar Ramnath Ganore, Assistant Police Inspector presently attached to Manchar Police station is silent on the receipt of writ, he has tendered an unconditional apology to this Court for filing the chargesheet, despite the interim order passed by this Court was in operation. 2. Be that as it may, now that the chargesheet has been filed, the petitioner has an appropriate remedy before the Court below for applying for discharge. 3. Hence, the Petition is disposed off but without prejudice to the rights and contentions of the petitioner on merits of the pending case. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]