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Bombay High CourtAPL/116/2021dismissed for noncomplying conditional order

Akash Sarang Jadhav v. The State Of Maharashtra And ANR.

2023-02-28Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice R. N. Laddha2 pages

1/2 3.APL.116.2021.doc ANANT KRISHNA NAIK by ANANT KRISHNA NAIK Date: 2023.03.01 14:45:00 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO.116 OF 2021 Akash Sarang Jadhav ...Applicant.

Versus

The State of Maharashtra & Anr.

...Respondents.

Mr. Sanjeevkumar Bapu Deore a/w. Adv. Suchita Pawar for the Applicant.

Smt. M. M. Deshmukh, APP for the respondent-state. CORAM : NITIN W. SAMBRE & R. N. LADDHA, JJ DATED :

28th FEBRUARY, 2023 P.C.:

1.

Leave to amend. Amendment to be carried out forthwith. 2.

In response to the Court's query learned counsel for the applicant informs that the applicant is not charge-sheeted in Crime No. I-492 of 2020 for the offence punishable u/s. 376(2)(N), 313, 506 of IPC.

3.

Upon perusal of the FIR dated 10/09/2020 prima facie we are of the view that the relationship between the respondent no. 2/complainant and applicant were out of consent extended by the respondent no. 2/complainant.

4.

In view thereof, issue notice to the respondents, returnable on 06/04/2023.

akn 1/2

2/2 3.APL.116.2021.doc 5.

Learned APP waives service of notice on behalf of respondent-state.

6.

Notice to the respondent no. 2 to be served through respondent no. 1.

7.

In case if the copies for effecting service are not supplied within a period of two weeks from today, the application stands dismissed without further reference to the Court. (R. N. LADDHA, J) (NITIN W. SAMBRE, J.) akn 2/2