THE STATE OF MAHARASHTRA Vs. RAJARAM APPANA MANE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

(2.) The proceeding is filed by the State to challenge the order made by the learned Additional Sessions Judge, Beed on Exh. 234 filed in Sessions Case No. 16/201 The application was filed under section 231 of Criminal Procedure Code, 1973. Charge-sheet is filed for offences punishable under sections 302, 307, 149 etc. of Indian Penal Code. The submission made show that probably the application was filed by accused Nos. 1 to 4 through their advocate. Though in the writ petition it is shown that report in respect of service on respondent Nos. 2, 5, 9 to 12 is not received, the proceeding of Criminal Application No. 2485/2016 shows that these respondents are served. This Court has no hesitation to observe that the accused persons, who have got the relief, who are represented by counsel are trying to protract the things by not showing appearance in the present matter. However, for the other three accused, who are facing trial, three counsels have filed appearances. They are heard. Out of them, two accused are on bail and one accused is kept in jail.

(3.) The contents of application filed under section 231 of Cr.P.C., 1973 are as under :-