Bombay High Court
The State Of Mah., Thr. Pso Ps Ats Dist ... vs Abdul Malik Abdul Razzaque And 2 Others on 9 December, 2020
Author: Amit B. Borkar
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 849 OF 2019
State of Mah. through P.S.O., P.S., ATS Mumbai
Vs.
Abdul Malik Abdul Razzaque and others
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri T. A. Mirza, A.P.P. for applicant/State.
Shri Nikhil R. Tekade, Advocate for non-applicant no. 1.
Shri Mir Nigman Ali, Advocate for non-applicant no. 2 and 3.
CORAM :- Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED :- 09.12.2020
Heard.
2. With the assistance of learned A.P.P., we have gone through the evidence of Amol Manoharrao Badkule (PW11), Yogesh Madhukar Dongarwar (PW12), Sudarshan Sheshrao Aghave (PW15) and Hidden Witness No. 13 (PW-23). Prima facie, we find substance in the submission made by learned A.P.P. that the liability of the respondents-accused under the Unlawful Activities (Prevention) Act, 1967 is required to be examined and the learned Sessions Judge has not examined in the right perspective. Hence, leave to file the appeal is granted. Criminal Application is allowed accordingly.
Criminal Appeal No. _______/2020 Heard.
2. Admit.
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3. Shri Nikhil R. Tekade, learned Advocate waives notice for the non-applicant no. 1 and Shri Mir Nagman Ali, learned Advocate waives notice for the non- applicant nos. 2 and 3.
4. Action to be taken as per Section 390 of the Code of Criminal Procedure.
5. As the notes of evidence of all the witnesses have been placed on record and R&P is received, the filing of paper-book is dispensed with.
6. List the appeal for final hearing on 11.01.2021.
JUDGE JUDGE
RR Jaiswal
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