Sandip Shankarlal Kedia v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1437 OF 2014 Sandip Shankarlal Kedia.

..Petitioner.

Versus

State of Maharashtra & Others.

..Respondents.

Mr. N. S. Mundargi i/b P. S. Patil for the Petitioner. Mr. K. v. Saste, APP for the State.

Mr. Prakash Mahadik for Respondent No. 2.

Coram : RANJIT MORE & SARANG V. KOTWAL, JJ.

Date : June 14, 2017.

P. C. :

1.

Heard. By this petition, the Petitioner is seeking following reliefs :

"(b) That this Hon'ble Court may be kindly be pleased to quash ans set aside the impugned order (Exhibit- A) dated 30-12-2013 passed by the learned Additional Chief Metropolitan Magistrate, 47th Court, Esplande, Mumbai in Criminal Case No. 357/PS/2013 thereby issuing a Non-Bailable Warrant (NBW) against the Applicant returnable on 29-01-2014.

(c) That this Hon'ble Court may be kindly be pleased to quash and set aside the impugned order (Exhibit- B) dated 11-10-2013 passed by the learned Additional Chief Metropolitan Magistrate, 47th Court, Esplande, Mumbai in Criminal Case No. 357/PS/2013 thereby issuing a bailable warrant of Rs.2,000/- against the Applicant.

(e) That the Applicant may kindly be exempted from personal appearance before the learned Additional Chief Metropolitan Magistrate, 47th Court, Esplande, Mumbai in Criminal Case No. 357/PS/2013.

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(f) That the learned Additional Chief Metropolitan Magistrate, 47th Court, Esplande, Mumbai in Criminal Case No. 357/PS/2013 may kindly be directed to mark the presence of the Applicant through video conferencing and through his advocate and the case be proceeded with on video-conferencing of the Applicant.

(f1) That this Hon'ble Court may be kindly be pleased to quash and set aside the impugned order (Exhibit-T) dated 25-04-2014 passed by the learned Additional Chief Metropolitan Magistrate, 47th Court, Esplande, Mumbai in Criminal Case No. 357/PS/2013 thereby issuing Proclamation under section 82 of the Code of Criminal Procedure, 1973 returnable on 08-072014 against the Petitioner." 2.

By the separate order passed today in Writ Petition No. 436 of 2013, we have quashed the proceedings of Criminal Case No. 357/PS/2013 pending on the file of the learned Additional Chief Metropolitan Magistrate, 47th Court, Esplande, Mumbai. Quashment is made by consent of the parties. In that view of the matter, prayers sought in this petition do not survive for consideration. Writ petition is accordingly disposed of.

3.

In view of the disposal of main writ petition, application, if any, taken out in this writ petition does not survive and the same is accordingly disposed of.

[SARANG V. KOTWAL, J.] [RANJIT MORE, J.] patilsr 2 / 2