Rajkumar Nandkishore Jha v. The State Of Maharashtra And ANR

appp.639.18 & 616.16.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 639 OF 2018 IN CRIMINAL APPLICATION NO. 616 OF 2016 WITH CRIMINAL APPLICATION NO. 616 OF 2016 Rajkumar Nandkishore Jha ...Applicant

Versus

State of Maharashtra & Anr.

...Respondents

Mr. Subhash Jha a/w Mr. Siddharth Jhan, Mr. Harekrishna Mishra i/b Law Global for the Applicant Mr. K. V. Saste, A.P.P for the Respondent-State CORAM : R. M. SAVANT & REVATI MOHITE DERE, JJ.

TUESDAY, 19th JUNE, 2018 P.C. :

The above Application (Criminal Application No. 639 of 2018) has been filed for modification of the order dated 11th July 2016 passed in Criminal Application No. 616 of 2016 by a Division Bench of this Court (Coram: Naresh H. Patil and Prakash D. Naik, JJ.). By the said order, the above Criminal Application No. 616 of 2016 was adjourned sine-die, pending the consideration of Protest Petition SQ Pathan 1/2

appp.639.18 & 616.16.18.doc against the `C' Summary report filed by the investigating agency. The aforesaid relief is sought on the ground that the learned Metropolitan Magistrate, 53rd Court, Mulund, Mumbai, has, by her order dated 16th November 2016, directed further investigation. In view of the said order dated 16th November 2016, the factual basis has undergone a change. Hence, the order dated 11th July 2016 adjourning the Application No. 616 of 2016 sine-die, is required to be recalled.

Criminal Application No. 639 of 2018 is accordingly allowed. List the Criminal Application No. 616 of 2016 for admission on 3rd July 2018.

REVATI MOHITE DERE, J.

R. M. SAVANT, J.

SQ Pathan 2/2