Surendra Navnath Kshirsagar And ORS v. The State Of Maharashtra And ANR

wp.1190.17.10.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1190 OF 2017 Surendra Navnath Kshirsagar & Ors.

...Petitioners

Versus

The State of Maharashtra & Anr.

...Respondents

Ms. Rushita Jain i/b Mr. Amit G. Kasbe for the Petitioners Mr. S. R. Shinde, A.P.P for the Respondent No.1-State Mr. Ramesh Jadhav for the Respondent No. 2 CORAM : REVATI MOHITE DERE, J.

TUESDAY, 23 rd JANUARY, 2018 P.C. :

Learned counsel for the respondent No. 2 raises a preliminary objection. He submits that the petitioners have directly approached this Court, when an appeal against the order issuing summons was maintainable.

In view of the preliminary objection, learned counsel for the petitioners seeks leave to withdraw the petition, with liberty to file an appeal under the Protection of Women from Domestic Violence Act, before the Sessions Court, within two weeks from today. SQ Pathan 1/2

wp.1190.17.10.doc Accordingly, Petition is disposed of as withdrawn with liberty as prayed. All contentions of both the parties are kept open. If an appeal is filed, the same shall be decided on its own merits, uninfluenced by the withdrawal of this petition. Mr. Jadhav, learned counsel for the respondent No. 2 states that he will not oppose the delay caused in filing the appeal, if the same is filed within the stipulated period i.e. two weeks from today. The said statement is accepted.

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

SQ Pathan 2/2