Atik Akhtar Mohammad Yusuf And Others v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1019 OF 2022 ATIK AKHTAR MOHAMMAD YUSUF AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr. S. S. Jadhavar, Advocate for the petitioners Mr. S. P. Sonpawale, APP for the respondent/State Mr. M. R. Wagh, Advocate for respondent No.2. CORAM : R. M. JOSHI, J.

DATE : 20th JULY, 2023 P.C. :- 1.

Learned counsel for respondent No.2 states that the coaccused have filed Cri. Revision Application No. 60/2022 against the order dated 30/06/2022 passed by JMFC, Dhule in R.C.C. No. 767/2012. 2.

The present petition also takes exception to the same order. It would be impropriety if two forums entertain different proceedings in respect of challenge to the same order. Hence liberty is granted to the petitioners to move an application under Section 397 of Cr.P.C. before the concerned Court challenging order dated 30/06/2022. 3.

Since the original proceeding is of year 2012 the learned Addl. Sessions Judge to dispose of the revision application filed by the 976.criwp1019.22.odt

present petitioners as well as Criminal Revision Application No. 60/2022 together as expeditiously as possible and in any case within a period of six (06) months from today.

4.

Interim relief granted earlier in this petition to continue till disposal of the revision.

(R. M. JOSHI, J.) ssp 976.criwp1019.22.odt