FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3386 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 N.D.Kendre, advocate holding for Shri U.L.Momale, advocate for the applicants Smt. R.R.Mane, A.P.P. for respondent no.1 Shri R.B.Deshmukh, advocate for resp.no.2 CORAM : SHRIHARI P. DAVARE, J. DATED : 28.07.2009 The learned counsel for respondent no.2 made submission that charge sheet in the present matter has been filed on 30.9.2008 before the Judicial Magistrate, First Class, Udgir, and said case is numbered as C.C. 297 of 2008 and submitted that nothing survives in the present application. The learned counsel for the applicant has submitted that the applicant be granted liberty to file the application for discharge before the trial court. In view of the afore said position, since charge sheet has been filed as afore said, nothing survives in - 2 - 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/crap3386.08