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Bombay High CourtAPL/69/2018others disposed off

Major. Amarinder Singh Mehar v. Devinder Pal Syal And ORS

2018-01-31Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.69 OF 2018 Major Amarinder Singh Mehar ...Applicant

Versus

Devinder Pal Syal and Ors.

...Respondents

Mr.K.M.Chakranarayan a/w Shama Mulla, for the Applicant. Mr. Vinod Chate, A.P.P for the Respondent No.4-State. CORAM : REVATI MOHITE DERE, J.

DATE : 31st JANUARY, 2018 P.C. :

1.

Heard learned counsel for the applicant.

2.

By this application, the applicant has impugned the interim order dated 14th December, 2017, passed by the learned District Judge-12 and Additional Sessions Judge, Pune.

3.

Learned Counsel for the applicant submitted that the learned Judge had erred in staying the entire proceedings, despite the fact, that the

2/3 Revision Application was preferred only by Devinder Pal Syal and Rashmi Devinder Syal. He submitted that respondent no.3 - Shikha Devinder Syal had not filed a Revision Application and had filed a Criminal Application under Section 482, in this Court and as such the proceedings could not have been stayed even qua, Shikha Devinder Syal. Learned Counsel in the alternative orally prayed that the hearing of Criminal Revision Application No.662 of 2017, be expedited.

4.

Perused the papers. Admittedly, Criminal Revision Application No.662 of 2017, was only filed by Devinder Pal Syal and Rashmi Devinder Syal, in the Sessions Court and that Shikha Devinder Syal was not a party to the said Criminal Revision Application. A perusal of the order dated 14th December, 2017, shows that the entire proceeding has been stayed. The Criminal Revision Application No.662 of 2017, is pending for final disposal before the learned District Judge-12 and Additional Sessions Judge, Pune. Hence, in the interest of justice, Criminal Revision Application No.662 of 2017 is expedited. The learned Judge shall decide the Criminal Revision Application No.662 of 2017, as expeditiously as possible, and in any event within 3 months from the date of receipt of this

3/3 order.

5.

The Application is accordingly disposed of. All contentions of all the parties are kept open.

6.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.