- (1.)Heard Shri Bhide, the learned counsel for the applicants and Shri Ahirkar, the learned Additional Public Prosecutor for the State/respondent No. 1. Rule. Rule is made returnable forthwith with the consent of the learned counsel for the rival parties. It is an admitted position that by now the chargesheet has already been filed in the competent Court.
(2.)Prima facie we are of the opinion that it is not possible for us to enter into the assessment of the evidence collected by the police machinery as this job will have to be done by the Court/Magistrate concerned. It will not be possible for us to exercise the jurisdiction under Section 482 of the Criminal Procedure Code to embark into such an enquiry as the applicants have available an effective efficacious remedy to approach the trial Court by applying for discharge. Shri Bhide, the learned counsel for the applicants, then argued that sanction under Section 197 of the Criminal Procedure Code is essential and it has not been obtained before submitting the charge-sheet. We do not want to comment on that aspect since the applicants are at liberty to apply for the discharge before the trial Court. Hence we pass the following order.
ORDER

(i) Criminal Application No. 180/2013 is disposed of reserving liberty in favour of the applicants to apply for discharge before the trial Court/Magistrate in accordance with law.

(ii) All the grounds canvassed in the present application are kept open.

No costs.