Bhagwan S/O Kondiba Kakade v. The State Of Maharashtra And Others

2025:BHC-AUG:22585-DB criappln-42-2025

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 23 CRIMINAL WRIT PETITION NO. 42 OF 2025 BHAGWAN S/O KONDIBA KAKADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Advocate for the Petitioner : Mr. Mahadeo R. Andhale APP for Respondents-State : Mr. V.K. Kotecha ....

CORAM : SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

Dated : 19th August 2025 PER COURT :

1.

The petitioner had filed an FIR vide C.R. No.0234 of 2021, with Selu Police Station, Tq. Selu, Dist. Parbhani, for the offences punishable under Sections 420, 467, 468 read with Section 34 of IPC. After investigation, a report under Section 169 of Cr.P.C. appears to have been filed before the learned Judicial Magistrate First Class, Selu, Dist. Parbhani, on 29th July 2022, and thereafter, "C" summary report has been given, upon which notice was issued to the petitioner.

2.

It is stated that the statement of the petitioner has been recorded on 02nd September 2023 and thereafter, no action has been

criappln-42-2025 taken. By our order dated 30th June 2025, we had called the report from the concerned Magistrate. He has stated the same fact and further stated that the summary application was lastly on board on 13.09.2024 and since then, no further orders have been passed. It appears that there is change in Presiding Officer under Annual General Transfer. The present Magistrate has assured that he would decide the matter expeditiously and with top priority. 3.

We dispose of this writ petition by directing the petitioner to co-operate with the court and place any evidence, if he desires, within a period of one month from today and by directing the learned Judicial Magistrate First Class, Selu, Dist. Parbhani, to decide Summary Application No.80 of 2022, within a period of three months from today.

[ SANJAY A. DESHMUKH ] JUDGE [ SMT. VIBHA KANKANWADI ] JUDGE asd