Shaikh Kader Jamal v. Nasibabi W/O. Kadar Jamal

957 CRWP 1445 OF 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 CRIMINAL WRIT PETITION NO.1445 OF 2022 SHAIKH KADER JAMAL

VERSUS

NASIBABI W/O. KADAR JAMAL ...

Advocate for Petitioner : Mr. Palodkar Devdatt P.

CORAM

: MANGESH S. PATIL & ABHAY S. WAGHWASE, JJ.

DATE : 20.10.2022.

PER COURT :

Heard.

2.

The petitioner is before this Court aggrieved by a distress warrant issued by the Family Court in a proceeding arising out of Chapter IX of the Code of Criminal Procedure against which a remedy in the form of a revision under Section 397 of the Code of Criminal Procedure would lie in the light of Section 19. According to him he is unable to challenge it for want of certified copies.

3.

As per prayer clause 'B', the learned advocate for the petitioner submits that he was seeking a certified copy of an order passed by the Family Court on 09.02.2022 in petition No. E-81/2019. The application was filed by his son, he himself being an octogenarian who was unable to reach the Court. But the certified copies are not being issued. 1/2

957 CRWP 1445 OF 2022.odt 4.

We direct the petitioner that if he wants a certified copy, either he should approach the Family Court himself and make an appropriate application or if he wants his son to apply for the certified copies, the application should be annexed with son's affidavit, the son being not a party to the proceeding. On such compliance being made the Family Court shall issue a certified copy as per rules.

5.

The Criminal Writ Petition is disposed of.

( ABHAY S. WAGHWASE J.) (MANGESH S. PATIL, J.) mkd/- 2/2