Dhanashree Abhay Sakhale @ Dhanashree R Gurav v. Rakhee Madan Chaphekar And ORS.

1 2.APPW.186.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.186 OF 2018 IN CRIMINAL WRIT PETITION NO.1382 OF 2018 Dhanashree A Sakhale @ Dhanshree R. Gurav Applicant versus Rakhee Madan Chaphekar and others Respondents Ms.Rajashree R. Gurav, Advocate for applicant. Mr.Shreeram Shirsat with Mr.Amandeep Singh Sra with Mr.Shekhar Mane i/by Mr.Sanjeev Kadam, Advocate for respondent nos.1 to 4. Mr.A.R.Patil, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 19th August 2022 PC :

1.

This is an application for vacating interim stay granted by this Court in Criminal Writ Petition No.1382 of 2018 vide order dated 19th April 2018 to the proceedings in C.C.No.99/SW/2018 pending before 52nd Metropolitan Magistrate Court, Kurla, Mumbai. It is submitted that stay was obtained by suppressing material facts. Stay amounts to contempt of orders dated 13th October 2017 and 31st January 2018. The co-ordinate bench has expedited the proceedings. The order dated 13th October 2017 and order dated 31st January 2018 passed by this Court in Criminal Writ Petition No.4062 of 2017 were suppressed. By order dated 13th October 2017, the proceedings before Trial Court were expedited with direction to dispose off within two months. Thereafter time to dispose off was extended by four months by order dated 31st January 2018. The MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.09.10 13:16:03 +0530 order of process was passed by giving reasons. Order dated 25th January 2018 passed by learned Magistrate issuing process was not

2 2.APPW.186.2018.doc placed before Court. Therefore, question of granting stay to the proceedings by entertaining writ petition does not arise. 2.

Writ Petition No.1382 of 2018 was listed on 28th March 2018 and vide order dated 28th March 2018 further proceedings pending before Trial Court were stayed till next date. The petition was then listed on 19th April 2018, interim relief was continued and matter was posted on 4th May 2018. Thereafter this Court passed order dated 4th May 2018. It was observed that even if this Court has expedited the matter before the Trial Court, this matter be listed as per CMIS date. The ad-interim relief granted earlier to continue till it is expressly vacated by this Court. The time bound directions issued, if any, in the proceedings which are pending before the Trial Court in relation to the issue raised in this petition, shall remain extended till this writ petition is finally decided. Vide order dated 31st August 2018 this Court observed that learned counsel for respective parties were heard. Substantial question of law is made out. Admit. Interim relief in terms of prayer (b). 3.

Considering the aforesaid facts, no ground is made out for vacating stay granted by this Court.

ORDER

(i) Criminal Application No.186 of 2022 is rejected and disposed off.

(PRAKASH D. NAIK, J.) MST