Pramod P. Pisal v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2321 OF 2021 Vinay Omprakash Mundada

...Petitioner

Versus

The State of Maharashtra

...Respondent

WITH WRIT PETITION NO. 1551 OF 2021 WITH WRIT PETITION NO. 3662 OF 2021 .........

Mr. Parth Shah i/b S.R. Phanse for the Petitioner in WP No. 2321/21. Mr. Karansingh Rajput for the Petitioner in WP No. 1551/21. Mr. J.P. Yagnik, APP for the State.

Mr. Amit Patil i/b Parinam Law Associates for Respondent No.2 in WP No. 2321/21.

Mr. Amit Patil i/b Parinam Law Associates for Respondent No.3 in WP No. 3662/21.

.........

CORAM :

NITIN JAMDAR AND N.R. BORKAR, JJ.

DATED :

1 AUGUST 2022 P.C. :- In Writ Petition No. 2321 of 2021 was adjourned till today and ad-interim order was continued till today.

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2.

At the time notice was issued on 14 January 2022 this Court had passed an order directing not to take coercive steps against the Petitioner for limited duration till the next date. Writ Petition No. 2321 of 2021 is filed simplicitor prayers for quashing of the FIR. It is informed that the Petition is filed on 4 March 2021 on the same day order under Section 23(1) of the MCOC Act was passed yet till date there is no challenge incorporated to the order passed under Section 23(1) of the MCOC Act. Considering that for more than one and half year there is no challenge to the order under MCOC Act and the Petition remains for quashing FIR, we decline to continue the adinterim order of not to take coercive steps. 3.

At the request of the learned Counsel for the Petitioner, by way of indulgence, the ad-interim order in case Criminal Writ Petition No. 2321 of 2021 is extended only for a period of one week, thereafter it shall stand vacated.

4.

As regard the Writ Petition No. 3662 of 2021 where order under Section 23(1) of the MCOC Act has been challenged there is no interim order and the Petitioner therein has applied for regular bail.

5.

The learned APP states that Writ Petition No. 1551 of 2021 is 2 / 3

wrongly listed on board. The learned Counsel for the Petitioner in Writ Petition No. 1551 of 2021 states that it is correct that the petition is wrongly listed on board today, however, in any case, the Petitioner wants to withdraw the same as it has become infructuous. He had filed a Praecipe to that effect.

6.

Writ Petition No. 1551 of 2021 is disposed of as withdrawn. 7.

Writ Petition No. 2321 of 2021 and Writ Petition No. 3362 of 2021 are adjourned to 13 September 2022.

( N.R. BORKAR, J. ) ( NITIN JAMDAR, J. ) 3 / 3