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Bombay High CourtWP/816/2021dismissed

Mukund Balvirsinh Thakur v. The State Of Maharashtra And Others

2022-08-11Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Rajesh S. Patil2 pages

{1} 941 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 816 OF 2021 MUKUND BALVIRSINH THAKUR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

APP for Respondent No. 1 : Mr. S.J. Salgare CORAM : SMT. VIBHA KANKANWADI & RAJESH S. PATIL, JJ.

DATE : 11th August, 2022.

ORDER :- 1.

The petitioner is absent. In view of the order passed by this Curt on 25.7.2022, the prosecution has filed affidavit-in-reply of Dattatray Dyandeo Pote, PSI, attached to Jalgaon Police Station. It has been stated that in Crime No. 90 of 2016, registered for the offence punishable under Sections 307, 353, 332, 109, 420, 379, 504, 506 read with 34 of Indian Penal Code and under Sections 132/177, 184 of the Motor Vehicles Act, the present petitioner was declared absconding. Proclamation under Section 82 and 83 of Code of Criminal Procedure, was issued on the basis of order passed by learned Chief Judicial Magistrate, Jalgaon. It appears that the said order was challenged by the petitioner before this Court by filing Criminal Application No.55 of 2017 and it was rejected by this Court on 17.1.2017. Thus, it has to be concluded that now the whereabouts of the petitioner are not known. 2.

Under such circumstances, when the Advocate who was representing him has been discharged by this Court, no notice can be

{2} 941 sr.no..odt issued to the petitioner in respect of the present petition. It deserves to be dismissed for default. The same stands dismissed. ( RAJESH S. PATIL, J. ) ( SMT. VIBHA KANKANWADI, J. ) grt/-