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Bombay High CourtAPL/92/2015others disposed off

Rekha Kishor Barapatre And Another v. The State Of Maharashtra, Through P.S.O. P.S. Hudkeshwar, Nagpur And Another

2015-06-17Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh1 pages

apl.92.15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APL] No.92 of 2015 (Rekha Kishor Barapatre and another vs.

The State of Maharashtra, through P.S.O. Hudkeshwar, Nagpur and another) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. I.S. Charlewar, Advocate for the Applicants. Ms. N.P. Mehta, A.P.P. for Non-Applicant No.1. Ms. S.R. Ashar, Advocate for Non-Applicant No.2. CORAM : B.P. DHARMADHIKARI AND P.N. DESHMUKH, JJ.

DATE : JUNE 17, 2015.

Learned A.P.P. points out that charge-sheet is already filed on 11th of March, 2015 in the concerned Court of Judicial Magistrate First Class at Nagpur. Mr. Charlewar, learned Counsel for the applicants submits that in relation to cause of action, which may have accrued at Pune, the grievance has been made at Nagpur and, therefore, proceedings are not maintainable.

Ms. Ashar, learned Counsel for non-applicant no.2 submits that the applicants can raise their objection before the Court of Judicial Magistrate First Class.

In this situation, we permit the applicants to appear in those proceedings before the Judicial Magistrate First Class through their Advocates for the purpose of raising and prosecuting said objection.

With this liberty and keeping the rival contention open, we dispose of the criminal application. JUDGE JUDGE *sdw