SATRAJEET SUBRATO BANERJEE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Petition under Article 226 of the Constitution of India, the Petitioner, original accused in CR No. 279 of 2018, dated 6 th June 2018, under Ss. 354-B , 509 , 323 and 506 of the Indian Penal Code (for short, " I.P.C .") registered with Oshiwara Police Station, Mumbai, now culminated into CC No. 2352/PW/2018, has prayed for quashing of the said case.

(2.) Heard Ms.Khurana, learned counsel for Petitioner and Mrs.Deshmukh, learned A.P.P. for Respondent No.1-State. Perused record.

(3.) At the outset, it is to be noted that, in view of the fact that the police have submitted chargesheet and the Petitioner is having a substantive alternate remedy by filing an application for discharge before the Trial Court, we brought the said fact to the notice of the learned counsel for the Petitioner. She on instructions insisted this Court to adjudicate and decide this Petition on merits and further made a statement that, the Petitioner is waiving his substantive alternate remedy available under Sec. 239 of Criminal Procedure Code (for short, " Cr.P.C ."), of filing an application for discharge before the Trial Court.