Rizwan Ahmed Shah v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3593 OF 2015 Rizwan Ahmed Shah.

... Petitioner.

Versus

The State of Maharashtra & ors ... Respondents.

--- Mr. Satish R. Mishra, advocate for petitioner. Mr. A.S.H. Khan, advocate for respondent No. 2. Mrs. A.A. Mane, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : OCTOBER 13, 2015 P.C.:

Heard the learned Counsel for the Petitioner and the learned Counsel for the respondent No. 2.

Rule. Rule made returnable forthwith with the consent of the parties.

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Learned Counsel for the Petitioner upon instructions from the Petitioner, who is present in the court makes a statement that the total arrears for which the distress warrant is issued on 29/8/2015 is to the tune of Rs. 28,000/-. The Petitioner undertakes to deposit Rs. 15,000/- within two weeks from today. The Petitioner shall pay further Rs. 15,000/- in another two weeks. The Petitioner shall continue to pay interim maintenance, as directed by the Court. The learned Metropolitan Magistrate, 34th Court, Vikhroli, Mumbai shall make an endeavour to decide the C.C. No. 34/N/2009 within 8 weeks from the receipt of this order. The distress warrant is stayed on the condition that the Petitioner deposits Rs. 15,000/- within 2 weeks from today i.e. on or before 28th October, 2015. In the eventuality that the Petitioner fails to deposit Rs. 15,000/- on or before 28th October, 2015, the distress warrant shall take its own course and the order granting stay to the order of distress warrant dated 29th August, 2015 shall automatically 2/3

stands vacated. The Writ Petition is partly allowed on the above terms.

The Rule is made absolute in the above terms. The Petition stands disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) 3/3