Sunil Shoklal Vohara And ANR v. The State Of Maharashtra And ANR

903 wp 1546-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1546 OF 2015 Sunil Shoklal Vohra & Anr.

..Petitioners v/s.

The State of Maharashtra & Anr.

..Respondents Mr. P.B.Shah i/b. K.P.Shah & Vinayak Godekar for the Petitioner. Mrs. P.H.Kantharia, APP for the Respondent/State. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : APRIL 17, 2015.

P.C.

1.

Mr. Shah, learned Counsel for the petitioner states that the petitioners have challenged the directions contained in para 4 of the operative part of the order dated 18th March, 2015 passed by the learned Judicial Magistrate, First Class, Sinnar in S.C. No.947 of 2014, by filing Revision Application No.82 of 2015 before the District and Sessions Judge at Nashik, on 23.3.2015. He submits that separate application for stay is filed on 13.4.2015. He submits that if the directions contained in para 4 of the Magistrate's order is implemented, his revision would become infructuous. He also pps

903 wp 1546-15.doc submits that his application for stay has not been disposed of so far by the learned Sessions Court.

2.

In the above circumstances, we deem it convenient to dispose of the writ petition by directing the learned District and Sessions Judge to dispose of the application for stay in the criminal revision application No.82 of 2015. Copy of which is annexed at Exhibit A page 40, as expeditiously as possible , and in any case within period of 10 days from the date of receipt of this order. 3.

In the interest of justice, for period of fifteen days from the date of receipt of this order, the directions contained in para 4 of the Magistrate's order dated 18.3.2015 shall remain stayed. 4.

Needless to mention that the learned District and Sessions Judge shall decide the application for stay independently on its own merits.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) pps