15.cr appp 342-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 342 OF 2010 IN CRIMINAL APPLICATION NO.2454 OF 2009 Prakash Vasantrao Jagdale & Ors .. Applicants Vs The State of Maharashtra .. Respondent Mr. Ramesh Dube-Patil i/b M/s. Jay & Co for the Applicants Ms. A.A. Mane, APP for the State. Mr. Nikhil Chaudhary a/w Aqashi Vibhale for Respondent No. 2 CORAM : SMT. V.K. TAHILRAMANI, J DATE : 3rd SEPTEMBER, 2010. P.C.: 1. Heard learned advocate for applicants, learned advocate for respondent no. 2 and learned APP for the State. 2. The applicants are seeking restoration of Criminal Application No. 2454 of 2009 which was disposed of by this Court by order dated 6th April, 2010. The order dated 6th April, 2010 reads as under: "The applicant has already filed an application for discharge before the learned trial Court. A party cannot be permitted to pursue two remedies simultaneously. In view of the pendency of the application for discharge before the learned trial Court, I am not inclined to entertain the present 1 15.cr appp 342-10.doc application. The same, is, therefore, dismissed." 3. Learned advocate for the applicants states that Criminal Application No. 2454 of 2009 came to be disposed of as the applicant had filed application for discharge before the trial Court. He submitted that the said application has been withdrawn and hence, Criminal Application No. 2454 of 2009 be restored. 4. No doubt, the applicant may have withdrawn the said application, however, now, I am not inclined to restore Criminal Application No. 2454 of 2009. However, liberty is granted to the applicants to prefer a fresh application for appropriate reliefs including discharge before the appropriate forum. 5. Application is disposed of with aforesaid liberty. [SMT. V.K. TAHILRAMANI, J.] 2 15.cr appp 342-10.doc 3