Mr. Rajesh Kalimangalam Padmanabhan v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4566 OF 2016 Rajesh K. Padmanabhan.

... Petitioner.

Versus

The State of Maharashtra & anr.

... Respondent.

--- Mr. Ajay Laxman Bhise, advocate for petitioner. Ms. Anamika Malhotra, APP for State.

--- CORAM : SMT.SADHANA S. JADHAV,J DATE : MARCH 31, 2017 P.C.:

Heard the learned Counsel for the Petitioner and the learned APP for State.

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

1/3

In the present petition, the Petitioner prays for quashing the orders dated 12/2/2015 and 23/5/2016 passed against the Petitioner in C.C.No. 59/PW/2015 pending before Additional chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai.

The learned Counsel for the Petitioner upon instructions submits that the petitioner would appear before the learned Magistrate on10th April, 2017 and make an application for recalling the non-bailable warrant and also given an undertaking that he shall remain present before the Court on each and every stipulated date. In view of this, the order issuing non-bailable warrant need not be quashed. However, since the Petitioner is to appear before the learned Magistrate on 10/4/2017, execution of the non-bailable warrant is stayed till 5 p.m. of 10/4/2017.

2/3

In the eventuality that the Petitioner does not appear before the learned Magistrate on or before 10th April, 2017, the non-bailable warrant be executed forthwith.

The rule is made absolute in the above terms. Writ Petition is disposed of accordingly.

Parties to act on the authenticated copy of this order. (SMT. SADHANA S. JADHAV,J) 3/3