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Bombay High CourtWP/2848/2018disposed off

Shikha Sunil Gupta v. Sultana Wife Of Imran Shaikh And ORS.

2024-04-30Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shyam C. Chandak2 pages

Jyoti 4-WP2848-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2848 OF 2018 Shikha Sunil Gupta .. Petitioner v/s.

Sultana Wife Of Imran Shaikh And Ors.

.. Respondents Mr. Suraj Iyer i/b Ms. Archana Khan for the Petitioner. Mr. J.P. Yagnik, APP for the Respondent-State. CORAM : A. S. GADKARI & SHYAM C. CHANDAK, JJ.

DATE : 30th APRIL, 2024.

P.C. :

1) Advocate Mr. Iyer holding for Ms. Archana Khan submitted JYOTI RAJESH MANE that, his senior is held up before a Magistrate's Court at Nashik therefore by JYOTI RAJESH MANE Date: 2024.05.07 13:39:50 +0530 she is unable to attend the Court today.

1.1) We do not accept such submission to be advanced before this Court of alleged pre-occupation by the Advocate on record. 2) He further submitted that, we had directed the Petitioner to send a letter to Respondent No.2 and direct her to appear before this Court for giving consent. However she is not traceable. 2.1) Record is absolutely silent about the said fact mentioned by the Advocate for the Petitioner. There is no such direction issued by us to send a letter to Respondent No.2 and a palpably false statement is made before us. 1/2

Jyoti 4-WP2848-18.doc 3) In view thereof, we are left with no other option than to dismiss the Writ Petition.

3.1) Writ Petition is accordingly dismissed in limine. (SHYAM C. CHANDAK, J.) (A. S. GADKARI, J.) 2/2