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Bombay High CourtAPPLN/64/2016others disposed off

Mona Modi v. The State Of Maharashtra

2016-07-26Hon'Ble Shri Justice A.S. Gadkari1 pages

Nalawade A.S.

1 /1 Appln. 64-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 64 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. N.R.Tiwari for the Applicant.

Smt. P. P. Bhosale, APP. for the State.

Mr. H.S.Desai for Respondent No.4.

CORAM : A.S.GADKARI, J.

DATE :

26th July, 2016 P.C.

This is an application for cancellation of warrant issued against the applicant by the Metropolitan Magistrate 65th Court, Andheri, Mumbai. The record reveals that as the applicant did not remain present in the complaint Case Nos.2942/SS/2002 and CC No.7110/SS/2002 for considerable period and therefore the Trial Court issued non bailable warrant against the applicant on 6.1.2016. According to me, the appropriate course of action for the applicant is to file an application before the Trial Court for cancellation of the said warrant and/or to avail any other appropriate remedy available under the Code of Criminal Procedure. By reserving the remedy of preferring the application before the Trail Court for cancellation of warrant, the present application is dismissed.

(A.S. GADKARI, J.)