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Bombay High CourtAPPLN/1050/2025disposed off

Sunita Ankush Sudke v. The State Of Maharashtra

2025-03-20Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:8225 {1} CR APPLICATION NO. 1050 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1050 OF 2025 IN CRIMINAL APPEAL NO.472 OF 2004 SUNITA ANKUSH SUDKE

VERSUS

STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.Joydeep Chatterji ....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 20 MARCH, 2025 PER COURT :- 1.

Not on board. Taken on board.

2.

The appeal in which present application is filed, is of 2004. Presently, this Court is dealing with appeal of the year 2006. 3.

Statement is made across the Bar by the learned counsel for appellants that inspite of his best efforts to communicate appellants, there was no response and rather communication despatched by him is returned with endorsement that appellants have moved. Therefore, on request of learned counsel for appellants on 20-09-2024, this Court had directed learned APP to procure correct address of appellants. Again on 04-10-2024, it was brought to the notice of this Court that again communication was sent, however, said communication is returned back

{2} CR APPLICATION NO. 1050 OF 2025 and therefore, Court notice was required to be issued to appellants on 23-08-2024, but it was also returned unserved with remark that appellants were not found on the given address. 4.

Considering the above, this Court directed issuance of Bailable Warrant against appellants on 04-10-2024, however, the same was returned back with remark that appellant no.2 Sunita Ankush Sudke is reported to be dead. However, later on, as report was received from Investigating Officer that appellant no.2. Sunita Ankush Sudke is alive, on 10-30-2025, Non-Bailable warrant was reissued against her. In response to the same, appellant no.2 - Sunita Ankush Sudke is appeared today before this Court. She submits that she has not received any communication as she has changed address. Considering the above submission, Non-Bailable Warrant issued against appellant no.2 namely Sunita Ankush Sudke is required to be recalled. Accordingly, NonBailable Warrant issued on 10-03-2025 against appellant No.2 Sunita Ankush Sudke is hereby recalled.

5.

Criminal Application No.1050 of 2025 is disposed of. ( ABHAY S. WAGHWASE ) JUDGE SPT