Nikhil Rajendra Chandarana v. The State Of Maharashtra And ANR

50-WP-817-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4434 OF 2023 IN CRIMINAL WRIT PETITION NO. 817 OF 2023 Nikhil Rajendra Chandarna

...Petitioner

Versus

The State Of Maharashtra And Anr

...Respondents

Mr. Wesley Menezes i/by Mr. Subr Sarkar Advocate for Petitioner. Mrs. M. M. Deshmukh, APP for Respondent-State. Mr. Rishi Bhuta a/w Ms. Neha Patil a/w Mr. Ashish Dubey a/w Mr. Ujwal Gandhi, Ankita Bamboli, Ms. Saakshi Jha, Mr. Prateek Dutta, Ms. Risha Rathod, Ms. Mamta Singh for Respondent No.2. CORAM : PRAKASH D. NAIK & N. R. BORKAR, JJ.

by ETHAPE DNYANESHWAR ASHOK Date: 2023.12.14 14:30:05 +0530 ETHAPE DNYANESHWAR ASHOK DATE : 11th DECEMBER 2023 P.C.:- 1.

This is an application filed by Respondent No.2 seeking clarification of order dated 4th October 2023 passed by this Court in Criminal Writ Petition No. 817 of 2023.

2.

Vide order dated 4th October 2023, 'Rule' was issued and interim relief was granted in terms of prayer clause (b) in Writ Petition 817 of 2023.

3.

Learned Advocate for applicant/petitioner submits that although, interim relief pertains to FIR bearing C.R. No. 144 of 2021, the accused had moved an application in the proceedings under the Domestic Violence Act Dnyaneshwar Ethape, P.A.

50-WP-817-2023.doc contending that High Court had granted interim relief in term of those proceeding. However, subsequently that application was withdrawn. 4.

Petitioner has also filed praecipe for speaking to minutes of order dated 4th October 2023. It is cleared from the order dated 4th October 2023 that it pertains to challenge to the FIR arising out of C.R. No.144 of 2021 however, order dated 4th October 2023 passed in Criminal Writ Petition No. 817 of 2023 in paragraph No.4 corrected as follows:- "Rule. There shall be ad-interim relief in terms of prayer clause (b)." 5.

The Respondent/complainant is permitted to file reply in Criminal Writ Petition No. 817 of 2023 and Criminal Writ Petition No. 1126 of 2022 within a period of four weeks from today.

6.

Interim Application stands disposed off.

7.

Appropriate corrections be carried out in order dated 4th October 2023.

(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.) Dnyaneshwar Ethape, P.A.