Bombay High CourtAPPP/333/2017others disposed off

Smt. Aarti W/O. Pankaj Ingale And Another v. Shri. Pankaj S/O. Bapurao Ingale And Others

2018-12-12Hon'Ble Shri Justice Z.A. Haq2 pages

1 apl138.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.333 OF 2017 WITH CRIMINAL APPLICATION (APPP) NO.407 OF 2017 WITH CRIMINAL APPLICATION (APL) NO.138 OF 2017 (SMT. AARTI PANKAJ INGALE & ANR...VS.. PANKAJ BAPURAO INGALE & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Y.V.Nayyar, Advocate for Applicants.

Shri B.M.Lonare, A.P.P. for Non-applicant Nos.1 & 7. Shri R.D.Wakode, Advocate for Respondent Nos. 3 to 5. Shri A.V.Band, Advocate for Respondent No.6.

CORAM : Z.A.HAQ, J.

DATED : DECEMBER 12, 2018.

CRI.APPLN.NO.333/2017.

This application is filed on behalf of the applicant praying that time may be granted to file certified copy of pursis dated 11th May 2016 and of the order passed by the learned Magistrate on 11th May, 2016.

The criminal application is pending since 22nd February 2017. It is clear that the advocate representing the applicant is not diligent in prosecuting the matter. However, in the interests of justice, one week time is granted to the applicant to file certified copies.

Criminal Application is disposed accordingly.

2 apl138.17 CRI.APPLN.NO.407/2017.

The learned advocate for the applicant submits that in view of the judgment delivered by the Full Bench of this Court in the case of Nandkishor Pralhad Vyawahare Vs. Sau. Mangala Pratp Bansar, reported in Mh.L.J. 2018(3) 913, the application seeking permission to convert this application into writ petition is not pressed.

It is disposed accordingly.

CRI.APPLN.(APL) NO.138/2017.

The learned advocate for the applicant sought time to supply correct address of non-applicant No.1, who according to the learned advocate is not served. The notings on the docket show that the non-applicant No.1 is served and Shri P.V. Tamhane, Advocate has put in appearance for the non-applicant No.1.

It is clear that the advocate for the applicant is not diligently prosecuting the matter and is not assisting the Court. Hence, the advocate for the applicant is discharged from these proceedings.

Ms Shamsi Haider, Advocate is appointed to argue the matter on behalf of the applicants. Put-up for hearing / disposal at 2.30 p.m. today i.e. on 12/12/2018.

JUDGE RRaut..