Rahul Vallabhji Chheda v. State Of Maharashtra And ANR

501-APL-22-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 22 OF 2023 Rahul Vallabhji Chheda ...Applicant

Versus

State Of Maharashtra And Anr.

...Respondents

....

Mr. Akshay Shah, Advocate for the Applicant.

Ms. Anamika Malhotra, APP for the Respondent - State.

CORAM

:

R. G. AVACHAT, J.

DATE :

7th JANUARY, 2023.

PER COURT :

1.

Not on board. Taken on board.

2.

The challenge in this Petition is to the order of issuance of non-bailable warrant dated 28th December, 2022. It is also informed that bailable warrant was earlier issued and executed as well. The learned Advocate makes a statement that the Applicant/accused would appear before trial Court on the given date and co-operate with the further proceedings, such as recording of plea and evidence as well. It is also informed that the Applicant was not served with the copy of the complaint and the documents relied on. Learned Magistrate to verify the same.

3.

In view of the same, even without issuing notice to the Respondent/complainant, the Petition is disposed of. 4.

The order of issuance of non-bailable warrant dated 28th Kiran Kawre

501-APL-22-2023.doc December, 2022 is hereby set aside on the basis of the statement made by the learned Advocate mentioned hereinabove. 5.

Parties to act on the authenticated copy of this order. (R. G. AVACHAT, J.) Digitally signed by KAWRE KIRAN KALYAN Date:

2023.01.21 16:50:59 +0530 KAWRE KIRAN KALYAN Kiran Kawre