Rasavi Rasvel Kamraaj v. Kamaraj Pushpalingam And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.682 OF 2023 Rasavi Rasvel Kamraaj .... Petitioner versus Kamraaj Pushpalingam & Ors.

.... Respondents .......

• Mr. S. M. Anees, Advocate for Petitioner.

• Mr. Arfan Sait, APP for the State/Respondent. • Mr. Puneet Shukla i/b. Manoj Singh i/b. MKS Legal Associates, Advocate for Respondent No.1.

CORAM

: SARANG V. KOTWAL, J.

DATE : 17th AUGUST, 2023 P.C. :

1.

Mr. Puneet Shukla, appears and states that he has instructions to appear for the Respondent No.1. He undertakes to file his Vakilpatra within a period of one week from today. 2.

I have heard learned counsel for the Petitioner as well as learned counsel for the Respondent No.1. This Petition is filed Digitally signed by MANUSHREE NESARIKAR Date:

2023.08.18 17:05:02 +0530 MANUSHREE NESARIKAR for directions to the Metropolitan Magistrate, 17th Court, Nesarikar

2 / 3 Borivali, Mumbai, to decide the proceedings bearing No.156 of 2022 filed under the provisions of the Protection of Women from Domestic Violence Act, 2005, within 60 days. The other prayer is for directions to decide the interim maintenance application within 7 days from the receipt of the order of this Court. 3.

Learned counsel for the Petitioner submitted that section 12 provides the period of 60 days for decision of the applications under the Act. He submitted that the proceedings are filed in the year 2022 and even the interim applications are not yet decided. Learned counsel for the Respondent No.1 submitted that even the Respondent No.1 has filed applications for dropping the names of other relatives from the proceedings. According to him, even that application is not yet decided. 4.

Considering these submissions made by both the learned counsel, I am inclined to direct the learned Magistrate to expedite the hearing of the matters.

3 / 3 5.

Hence, the following order :

O R D E R

(i) Learned Magistrate shall decide the Interim Applications preferred by the Petitioner and the application preferred by the Respondent No.1 for dropping names of his other relatives within a period of 30 days from today.

(ii) Learned Magistrate shall try to conclude the proceedings bearing No.156 of 2022 as early as possible.

(iii) With these directions, the Petition is disposed of. (SARANG V. KOTWAL, J.)