Gopal Ramkrishna Sawke And Another v. State Of Mah. Thr. Pso Ps Washim (City) Dist.Washim And Another

3.Cri.APPP No.179 .2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPP) NO.195/2021.

IN CRIMINAL APPLICATION (APL) NO.179/2021 Gopal Ramkrishna Sawke and anr. Vs. State of Maharashtra and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K. S. Malokar, Advocate for Applicants.

Shri S. D. Sirpurkar, A.P.P. for Non-applicant No.1/State. CORAM : Z. A. HAQ AND AMIT B. BORKAR, JJ.

DATE : 02/02/2021.

1.

For the reasons stated in the application, the applicants are permitted to incorporate the proposed amendment in the application under Section 482 of the Code of Criminal Procedure.

2.

Criminal Application (APPP) No.195/2021 is allowed accordingly.

CRIMINAL APPLICATION (APL) NO.179/2021 1.

The matter was heard in the morning session and we expressed that we are inclined to issue notice to the non-applicants however, we were not convinced that the prayer clause (ii) of the application praying for interim order can be considered. On this, the learned Advocate for the applicants stated that the prayer clause (ii) is not properly drafted and he would file an application seeking

3.Cri.APPP No.179 .2021 permission to amend the prayer clause and requested that the matter be kept back. We expressed that the casualness in drafting is on rise and unless there are some deterrent orders, it would not be possible to set right the things, on which the learned Advocate for the applicants volunteered to deposit Rs.5000/- with the High Court Legal Services Sub Committee, Nagpur for the lapses on his part. The matter was kept back.

2.

Learned Advocate for the applicants has filed pursis dated 02.02.2021 stating that amount of Rs.5000/- is deposited with the High Court Legal Services Sub Committee, Nagpur and receipt showing deposit of amount is also produced.

3.

Issue notice to the non-applicants, returnable on 27.03.2021.

4.

Shri S. D. Sirpurkar, learned A.P.P. waives notice for the non-applicant No.1.

5.

By an interim order it is directed that further proceedings of Atrocities Special Case No.715/2020 pending before the learned Principal District and Sessions Judge, Washim shall stand stayed until further orders. JUDGE JUDGE RGurnule