IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024 (ARISING OUT OF SLP (CRIMINAL) NO. 8178 OF 2024)
PHALGUNI HIREN MEHTA @ FALGUNI HIREN MEHTA
APPELLANT(S)
VERSUS
THE STATE OF MAHARASHTRA RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard Mr. Vishhal Saxxenaa, learned counsel appearing for the
appellant. The State of Maharashtra is represented by Mr. Shantanu
Phanse, learned counsel.
3. Notice in this case was issued on 10.07.2024 with the
following order:
“Mr. Vishal Saxena, learned counsel refers to Praecipe For Withdrawal dated 07.12.2023 (Annexure P-13) filed in the Criminal Application (APL) No.1510 of 2023, to say that the application was withdrawn to bring forth various documents which were not then available, when the application was filed. The High Court granted permission for withdrawal through its order dated 11.12.2023. But since liberty to refile the application was not recorded, the later application was not entertained by the High Court. According to the petitioner’s counsel, such a hypertechnical approach should not have been adopted.
Issue notice, returnable in four weeks.”
4. We have heard the learned counsel for the parties and also
examined praecipe for withdrawal (Annexure P/13). The appellant
obviously requested for conditional withdrawal of his application
filed under Section 482 Cr.P.C. However, the Court’s order dated
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