Kondiram Haribhau Unde v. Bhaskar Yadav Padole And Another

2024:BHC-AUG:6148 76 WP.1707.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

76 CRIMINAL WRIT PETITION NO. 1707 OF 2023 KONDIRAM HARIBHAU UNDE

VERSUS

BHASKAR YADAV PADOLE AND ANOTHER ...

Advocate for the Petitioner : Mr. Rahul R. Karpe. Advocate for Respondent No.1 : Mr. Girish K. Naik Thigle. APP for Respondent No.2 /State : Mrs. Dipali S. Jape. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

18th March, 2024.

P.C.:

The learned counsel for respondent No.1 submitted that equally efficacious and alternative remedy of filing of revision before the Sessions Court at Ahmednagar is available to the petitioner. In view of the above, the learned counsel for petitioner, on instructions, seeks leave to withdraw this petition. Leave granted. The criminal writ petition is disposed of as withdrawn.

The learned counsel for petitioner submits that there is interim relief granted to this petitioner. He submits that considering that a reasonable time / opportunity be given to this petitioner to file proceedings before the Sessions Court at Ahmednagar, the interim

76 WP.1707.2023.odt relief granted earlier may kindly be continued for two weeks. This Court by order dated 21st November, 2023 granted interim relief to this petitioner in terms of prayer clause (C). The same will remain in force for 10 days from today.

It is clarified that all the points raised by this petitioner in this petition are kept open and not decided on merits. The time consumed in prosecuting this criminal writ petition shall be excluded while considering the delay, if any, caused for filing the appropriate proceedings before the Sessions Court. [ SANJAY A. DESHMUKH, J. ] nga