Bombay High CourtWP/130/2015dismissed

Rajnish S/O Shrawan Kolhe And Others v. State Of Maharashtra, Through P.S.O. P.S. Gadchiroli

2015-09-30Hon'Ble Shri Justice V.M. Deshpande2 pages

wp130.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.130 OF 2015 Rajnish Kolhe and ors ..vs..

State of Mah., thr the PSO, PS, Gadchiroli, District Gadchiroli ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri S.P. Palshikar, counsel for the petitioners. Shri R.S. Nayak, APP for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : SEPTEMBER 30, 2015.

Heard.

The order under challenge in the present writ petition is the order passed by learned JMFC, Gadchiroli dated 4.2.2015 whereby learned JMFC, Gadchiroli was pleased to reject the application for grant of adjournment and the petitioners were directed to proceed with the matter by cross examining the complainant who was present before the Court.

The submission of learned counsel for the petitioners is that the order dated 4.2.2015 cannot stand to the scrutiny of law in view of judgment and order of this Court dated 30.1.2015 in Writ Petition No.1030 of 2015. The said judgment and order is placed on record at Annexure-D.

.....2/-

wp130.15 Perusal of the said judgment and order shows that the respondent in the said writ petition was granted time to file the charge-sheet on the counter complaint filed by the present petitioners.

Learned counsel for the petitioners submits and accepts the statement of learned Additional Public Prosecutor that the charge-sheet is already filed. The submission of learned counsel for the petitioners is that the impugned judgment and order is contrary to law. It is the further submission of learned counsel for the petitioners that the petitioners have already initiated the contempt proceedings and the same is pending.

In that view of the matter, I see no reason to accept the submission of learned counsel for the petitioners that the order passed below Exh.18 by learned JMFC, Gadchiroli needs interference. Hence, the writ petition is dismissed.

JUDGE !! BRW !!

...../-