Bombay High CourtAPPP/269/2018dismissed

Dasraj S/O. Premchand Paunikar v. State Of Maharashtra Thr. Police Station Officer Hingna Police Station Nagpur

2019-04-15Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Vinay Joshi2 pages

1 apl370.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 370/2017 Dasraj P. Paunikar ..VS..

State & anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.N. Shukul, Advocate for the applicant Shri S.S. Doifode, APP for the non-applicant no. 1 Shri P.P. Kotwal, Advocate for the non-applicant no. 2 CORAM : Z.A.HAQ & VINAY JOSHI, JJ.

DATED : 15/04/2019 Heard.

It is undisputed that S.C.S No. 1059/2008 between the applicant and the non-applicant no. 2, in respect of the same property, is pending.

After hearing the learned advocates for the respective parties and the learned APP, prima facie, we find that the points which are required to be considered in this application under Section 482 of the Code of Criminal Procedure will also have to be considered by the Civil Court in the civil suit.

Hence, the following order:- RULE.

2 apl370.17 Shri S.S. Doifode, APP waives notice for the nonapplicant no. 1 and Shri P.P. Kotwal, Advocate waives notice for the non-applicant no. 2.

Interim order granted by this Court on 14/06/2017 shall continue until further orders. The learned Civil Judge is directed to decide S.C.S. No. 1059/2008 till 30/11/2019.

The parties are granted liberty to circulate this criminal application after decision of the civil suit. The learned advocate for the applicant insisted for grant of interim order in terms of prayer clause (A-ii). The learned advocate for the non-applicant no. 2 opposed it.

Considering the nature of controversy, the applicant is granted liberty to press this request for interim order at appropriate stage, if occasions arises. CRIMINAL APPLICATION (APPP) NO. 269/2018 The learned advocate for the non-applicant no. 2 states that he is not pressing this criminal application. The criminal application is disposed as not pressed.

JUDGE JUDGE Ansari