Prafulla Uttamrao Wankhade v. State Of Mah, Thr P.So. P.S. Digras, Yavatmal

41.apl.452.2019 ..1..

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 452 OF 2019 Prafulla Uttamrao Wankhede and ors.

-vsState of Maharashtra, through PSO, PS, Digras, Dist Yevatmal and Anr. --------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Mr A. V. Band, Counsel for the applicants Mr M. K. Pathan, APP for the State CORAM : A. S. CHANDURKAR AND G. A. SANAP, JJ. DATE : 21.02.2022 The learned counsel for the applicants submitted that during the pendency of the present proceedings, the learned Joint Civil Judge Senior Division, Darwah has passed a decree for divorce by mutual consent in proceedings between the applicant No.1 and the non-applicant No.2. In this backdrop, it is submitted that the challenge raised to the charge-sheet deserves to be allowed.

2] Since the non-applicant No.2 has not appeared despite service, fresh notice is directed to be issued to her in the aforesaid development.

3] The notice is made returnable on 14.03.2022, which shall be served on the non-applicant No.2 through the Superintendent of Police, Yevatmal.

4] The authenticated copy of this order be given to the learned Additional Public Prosecutor.

41.apl.452.2019 ..2..

Criminal Application (APPP) No. 223 of 2022 Considering the reasons mentioned in the application same is allowed. Prayer clause (C) be deleted from the prayer clause in the Criminal Application No.452 of 2019. The criminal application stands disposed of.

(G. A. SANAP, J.) (A. S. CHANDURKAR, J.) Namrata Signed By:NAMRATA YOGESH DHARKAR P. A.

High Court Nagpur