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Bombay High CourtWP/1080/2022disposed off

Sunanda Suresndra Shetty v. State Of Maharashtra And ANR

2022-07-07Hon'Ble Shri Justice Prakash D. Naik2 pages

2-WP-1080-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1080 OF 2022 Sunanda Surendra Shetty

...Petitioner

Versus

The State of Maharashtra and Anr.

...Respondents

....

Mr. Mahesh Kotian a/w Ms. Dhwani Shah a/w Mr. Ravi Kotian i/by Ms. Shilpa Kapil , Advocate for the Petitioner. Mr. Zain Shroff a/w Mr. Zubin sheth i/by Y & A Legal, Advocate for the Respondent No.2.

Mr. A.R. Patil, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

7th JULY, 2022.

PER COURT :

1.

The petitioner has preferred revision application before the Sessions Court challenging the order of process issued by the learned Magistrate in C.C. No. 401/SW/2017. Learned Sessions Judge in the revision application has not granted interim relief to the petitioner although it is granted to co-accused. This petition has been preferred grant of interim relief pending petitioners revision application before Sessions Court.

2.

The next date of hearing before the trial Court is on 8th July, 2022. The revision application is due for hearing on 30th August, 2022.

3.

Learned Advocate for petitioner urged that the petitioner needs to be protected by interim relief.

Sunny Thote

2-WP-1080-2022.doc 4.

In fairness learned counsel for respondent/complainant on instruction submit that the petitioner may prefer an application for exemption before the trial Court and the Advocate for complainant would consent for granting such application to a day when the case is listed before trial Court.

5.

The aforesaid understanding would continue till disposal of revision application pending before the Sessions Court. 6.

Revision application pending before the Sessions Court be decided expeditiously.

7.

Writ Petition is disposed off. It is clarified that this Court has not adjudicated the merits of the case.

(PRAKASH D. NAIK, J.) Sunny Thote