Rubina Md. Shafi Shaikh v. The State Of Maharashtra And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3683 OF 2014 Ms. Rubina Md. Shafi Shaikh ... Petitioner

Versus

The State of Maharashtra and anr.

... Respondents Mr. Prm Sood for the petitioner.

Mr. S.R. Gaud for respondent No. 2.

Mrt. A.R. Patil, A.P.P. for State.

CORAM : M.L. TAHALIYANI, J.

DATED : MARCH 17, 2015 P.C.

Admit. By consent heard finally.

2.

Perused the impugned oder. The impugned order is passed in exercise of powers under section 319 of the Code of Criminal Procedure by the learned Metropolitan Magistrate, 25th Court, Mazgaon, Mumbai. The said order is not an interlocutory order and can be questioned before the Sessions Court under section 397 of Cr.P.C.

3.

Therefore, present writ petition is not maintainable. Writ petition is dismissed. Liberty is given to the petitioner to apply under section 397 before

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8-wp-3683.2014.sxw the Sessions Court. The delay caused, if any, in filing the Revision Application due to pendency of the present writ petition, shall be condoned by the Sessions Court.

(JUDGE)