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Bombay High Court/1366/2024allowed

Lokmat Media Pvt Ltd Through Shri Makarand Madhukarrao Deshmukh v. The State Of Maharashtra And ANR.

2024-04-03Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shyam C. Chandak2 pages

RVC 29 Ia-1366-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1366 OF 2024 IN CRIMINAL WRIT PETITION NO.1363 OF 2021 Lokmat Media Pvt. Ltd.

... Applicant V/s.

Subhash Mahadeo Wankhede & Anr.

... Respondents Mr. Sandeep S. Ladda a/w Mr. Adnan Ansari and Mr. Adesh Jadhav for Applicant.

Ms. Dhwani Daftary i/b Ms. Poonam Ankleshwariya for Respondent No.1. Mr. Ajay Patil, A.P.P. for Respondent No.2-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 3rd APRIL 2024 P.C. :

(1) Heard Mr. Ladda, learned counsel appearing for Applicant at length.

(2) Pleadings in the Petition and arguments advanced across the bar, amounts to review of our Order 8th January, 2024, which is not permissible under Section 262 of the Criminal Procedure Code. (3) Even otherwise, perusal of the record would clearly indicate that, while passing the said Judgment and Order dated 8th January 2024, we have considered the documents annexed to the chargesheet by the Police and in particular, page Nos.90 and 92 thereof, which are the bills on record 1/2

RVC 29 Ia-1366-2024.doc supplied by Respondent No.2, complainant, having its own stamp thereon. (4) It will not be out of way to place on record the fact that, before taking up the Petition for hearing, adequate opportunity was given to Respondent No.2. As noted in paragraph-2 thereof, despite service, Respondent No.2 did not appear when the Petition was called out for hearing and therefore we have perused the written notes of arguments submitted by Respondent No.2, before passing the Judgment and Order dated 8th January, 2024.

(5) In view thereof, there are no merits in the Application and accordingly is dismissed.

( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) by RAJESH VASANT CHITTEWAN Date: 2024.04.08 15:04:01 +0530 RAJESH VASANT CHITTEWAN 2/2