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Bombay High CourtAPL/315/2019dismissed for noncomplying conditional order

Dinesh Rajendra Dubey And ORS. v. The State Of Maharashtra And ANR.

2023-03-01Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice R. N. Laddha2 pages

Digitally signed by CHITRA SANJAY SONAWANE Date:

2023.03.01 19:34:03 +0530 CHITRA SANJAY SONAWANE 10-APL-315-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.315 OF 2019 Dinesh Rajendra Dubey & Ors.

...

Applicants.

Versus

The State of Maharashtra & Anr.

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Respondents.

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Ms Yogita Kanojia, Advocate i/by Ashish Dubey for the Applicants. Smt GP Mulekar, APP for the Respondent No.1.

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CORAM: NITIN W. SAMBRE AND R. N. LADDHA, JJ.

DATE : 1st March, 2023.

P.C. :- Application is pending since 2019, wherein prayer is for quashing of FIR No.24 of 2019, of the offences, punishable u/s 498-A, 406, 420 and 34 of the Indian Penal Code. 2.

We have heard Miss Yogita Kanojiya, learned Counsel for the Applicant. According to her, perusal of the FIR does not disclose cognizable offences, particularly, when the allegations made are stale and omnibus.

3.

In response to Court's query, learned APP informs that the Chitra Sonawane.

10-APL-315-2019.doc matter is still under investigation as the Respondent No.2 is not cooperating.

4.

In view thereof, issue notice to the Respondents. Learned APP waives notice on behalf of Respondent No.1-State. 6.

Issue notice to Respondent no.2, to be served through Respondent no.1, returnable on 30th March, 2023, providing copies for effecting service on Respondent No.2, to be supplied within two weeks from today. If the copies are not supplied within the stipulated period, the Application shall stand dismissed, without further reference to the Court.

[R. N. LADDHA, J.] [NITIN W. SAMBRE, J.] Chitra Sonawane.