Kalpana W/O Gorakhnath @ Vinayk Shinde v. The State Of Maharashtra And ORS

(1) Cr. W.P. 84/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 84 OF 2016 Kalpana W/o Gorakhnath @ Vinayak Shinde .. Petitioner Vs.

The State of Maharashtra and ors.

.. Respondents ---- Mr. U.S. Patil, Advocate for the petitioner Mr. R.B. Bagul, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 10/02/2016 ORAL ORDER :

Heard.

2.

The reasoning of the learned Judicial Magistrate First Class, Chalisgaon cannot be faulted with as the case was lingering since the year 1999 and despite best efforts, accused no.2 could not be found. In the circumstances, the learned Judicial Magistrate First Class has rightly observed that the case is required to be separated.

(2) Cr. W.P. 84/2016 3.

It is to be noted that case is not dismissed as against respondent no.2. The petitioner would be at liberty to take such recourse, as may be available in law for securing presence of absconding accused no.2 as standing arrest warrant is already issued against him. 4.

With this observations, the writ petition is disposed of.

[M.T. JOSHI] JUDGE arp/