Vidya Vinay Tiwari v. The State Of Maharashtra

apl-928.14.sxw pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.928 OF 2014 Ms. Vidya Vinay Tiwari ... Applicant Vs.

State of Maharashtra and Anr.

... Respondents Ms. Jyoti Pandey i/by Mr. Sushil Nimbkar for the Applicant. Dr. F.R. Shaikh, APP for the Respondent No.1. CORAM : A.S. OKA & P. D. NAIK, JJ.

DATE : 18th APRIL, 2016 P.C.

Notice issued to the second Respondent is returned unserved with the remark that the second Respondent was not found at the address mentioned in the cause title. The learned counsel appearing for the Applicant on instructions states that the second Respondent continues to reside at the same address as mentioned in the cause title. We find from the copy of the complaint at Exhibit-'B' that the name of the second Respondent in the case title is not correct. His name is shown as "Ashwinikumar" in the title. In the complaint, the name is "Ashwin". Even the address is not correctly reproduced. We direct the Applicant to carry out amendment for correcting the name of the second Respondent as well as correcting the address of the second

apl-928.14.sxw Respondent. The name and address specified in the complaint at Exhibit-'B' shall be incorporated in the cause title. Amendment to be carried out within a period of three weeks. If amendment is not carried out within a period of three weeks and a copy for service is not furnished within a period of three weeks, the application shall stand dismissed for non-prosecution without further reference to the Court. If compliance is made within a period of two weeks, notice be issued to the second Respondent returnable on 4th July, 2016. Ad-interim relief granted on 18th November, 2014 will continue to operate till then. We direct the officer in charge of the Lonikand Police Station, Pune to inform the second Respondent of the date fixed in this application.

(P. D. NAIK, J ) (A.S. OKA, J )