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Bombay High CourtAPPLN/6182/2015disposed off

Narayan S/O Nagorao Kulkarni And ANR. v. The State Of Maharashtra

2015-11-23Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav2 pages

Cri Appln No.6182.2015.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6182 OF 2015 NARAYAN S/O NAGORAO KULKARNI AND ANOTHER.

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr G K Thigale (Naik) APP for Respondents: Mr A G Magre ...

CORAM : S V GANGAPURWALA & V.K. JADHAV, JJ.

Dated: November 23, 2015 ...

PER COURT :- 1.

Mr. Thigle, learned counsel for the applicants submit that this Court vide order dated 29.11.2013 in Criminal Application No.4318/2013 had directed the learned Judge dealing with RCC No.99/1996 to 106/1996 to dispose of the same expeditiously, however, the learned Judge has misinterpreted the order dated 25.6.2014 and 12.4.2013 passed in Criminal Writ Petition No.225/2013. The proceedings are stayed vide order dated 12.4.2013 in Criminal Writ Petition No.225/2013 qua the applicants therein.

2.

We have heard the learned APP.

3.

The order directing stay of the proceedings in Criminal Writ Petition No.225/2013 is qua the applicants therein. There is no impediment for the court to proceed with the proceedings against the other accused/parties and the same will have to be decided in view of the order of the Division Bench of this Court dated 29.11.2013 in Criminal Application No.4318/2013 wherein this

Cri Appln No.6182.2015.odt Court had directed the learned judge to dispose of RCC No.99/1996 to 106/1996 expeditiously. The order dated 12.4.2013 in Criminal Writ Petition No.225/2013 regarding stay of proceedings is to be read only with regard to the applicants/petitioners in Writ Petition No.225/2013. With these clarifications Criminal Application is disposed of. 4.

The learned Judge shall abide by the order of the Division Bench directing it to decide the proceedings expeditiously scrupulously.

( V.K. JADHAV, J. ) ( S V GANGAPURWALA, J. ) ...

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