Prajakta Vibhakar v. The State Of Maharashtra And ANR

Osk 29-Ia-2627-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2627 OF 2022 IN CRIMINAL WRIT PETITION NO. 4004 OF 2021 Prajakta Vibhakar ... Applicant/Petitioner V/s.

The State of Maharashtra & Anr.

... Respondent WITH INTERIM APPLICATION (ST.) NO. 1373 OF 2023 IN CRIMINAL WRIT PETITION NO. 4004 OF 2021 Aamit Gokhale ... Applicant/Org.Resp.No.2 V/s.

The State of Maharashtra & Anr.

... Respondent Ms.Swarali Joglekar i/b. Ms.Paavani Chaddha for Petitioner and Applicant in IA/2627/2022.

Mr.Rohan Kelkar a/w. Ms.Gargi Bhagwat i/b. M/s.Divekar Bhagwat & Co. for Respondent No.2 in Petition and Applicant in IA/ST/1373/2023. Ms.S.D. Shinde, A.P.P. for Respondent-State.

CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 19th January 2023.

P.C. :

INTERIM APPLICATION NO. 2627 OF 2022 1.

We have heard learned counsel appearing for respective parties and perused record.

2.

Perusal of pleadings and documents annexed to it in Interim 1/2

Osk 29-Ia-2627-2022.odt Application (St.) No. 1373 of 2023 indicates that, the Respondent-father is adhering to the directions issued by this Court by Order dated 23rd December 2021 while disposing of the Petition. In view thereof, we find that, no contempt as alleged by the Applicant-mother is made out at-least as of today. 3.

Interim Application No. 2627 of 2022 is accordingly disposed off.

INTERIM APPLICATION (ST.) NO. 1373 OF 2023 4.

Not on board. Upon mentioning taken on board. 5.

Learned counsel appearing for Original Petitioner, on instructions, submitted that, the Petitioner-mother here-in-after will not seek adjournment before the Trial Court unless and until her Advocate is precluded to appear on medical grounds. The said statement is accepted. We also expect that, the Respondent-father to co-operate with the Family Court in deciding the application(s) pending before it and in confirmity with Order dated 23rd December 2021 passed earlier to this. 6.

In view thereof, we do not find it necessary to stay the operative part of Order dated 23rd December 2021 or to modify it at this stage. 7.

Interim Application (St.) No. 1373 of 2023 is accordingly disposed off.

[ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.01.21 10:46:57 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2