Vijaya Narhari Hinge v. The State Of Maharashtra And ANR

Digitally signed by CHITRA SANJAY SONAWANE Date:

2024.02.16 10:59:20 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane. 1 17-APL-36-2021withAPL-1089-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Criminal Application No.36 of 2021 Arun B. Swant ...

Applicant.

Versus

The State of Maharahstra & Anr.

... Respondents.

a/w Criminal Application No.1089 of 2022 Vijaya Narhari Hinge ...

Applicant.

Versus

The State of Maharashtra & Anr.

... Respondents.

Mr Anirban Tripathy for applicants in both applications. Mr RS Datar i/by Satish Adsule for respondent No.2/original complainant.

Mr Arfan Sait, APP for State.

Coram : R. N. Laddha, J.

Date : 15 February 2024.

P.C. :

Heard learned Counsel for the parties.

2.

The applicants herein have challenged the order of issuance of process under Sections 500 read with 34 of the Indian Penal Code. It is not in dispute that alternate and efficacious remedy is available to the applicants. Hence, this

Chitra Sonawane. 2 17-APL-36-2021withAPL-1089-2022.doc Court is not inclined to invoke its writ jurisdiction. Both these applications stand dismissed with liberty to the applicants to file appropriate proceedings before the Sessions Court. The applicants are entitled to seek condonation of delay.

3.

Learned Counsel for the applicants makes a statement that the complainant in CC No.1191/2023 will not proceed with the trial till the expiry of eight weeks. 4.

Both the criminal applications stand disposed of accordingly.

[R. N. Laddha, J.]