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Bombay High CourtIA/3276/2022allowed

Suryaprakash Pushkarram Suroliya And ANR v. The State Of Maharashtra And ANR

2022-11-09Hon'Ble Shri Justice Amit Borkar2 pages

52-ia-3276-2022-modified.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3276 OF 2022 IN CRIMINAL APPLICATION NO.819 OF 2022 Suryaprakash Pushkarram Suroliya & Ors.

... Interveners In the matter between Mangalchand Nandlal Mishra ... Applicant V/s.

State of Maharashtra ... Respondent Mr. Abdul Wahab Shaikh i/by Mr. Mohammed Umar Kazi for the interveners.

Ms. Urvi Vora Parekh i/by Ms. Biswas Manjula A. for the applicant.

Mr. A.R. Patil, APP for the respondent/State. CORAM :AMIT BORKAR, J.

DATED :NOVEMBER 9, 2022 P.C.:

1.

Interim application has been filed by the accused. The offence alleged against the applicant is under section 304(B) of Indian Penal Code, 1860. In that view of the matter, considering the scope of petition, i.e., rejection of application under section 311 of Criminal Procedure Code, the accused are necessary parties. 2.

The interim application is, therefore, allowed.

52-ia-3276-2022-modified.doc 3.

The applicant shall carry out necessary amendments within two (2) weeks from today and shall furnish copy of the application to the learned advocate for the accused.

4.

List the criminal application on 23rd November 2022. (AMIT BORKAR, J.) Note: This order is modified as per order dated 23rd November 2022 to show corrections in first line of paragraph 1. The correction is shown in italicize.