Anita D/O. Rajkumar Das And ANR. v. Superintendent Of Police, Akola, Dist. Akola

0406wp153.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.153 OF 2019 (Anita d/o Rajkumar Das and another vs. Superintendent of Police and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri R.M. Pande, Advocate for petitioners.

Shri M.K. Pathan, Additional Public Prosecutor for respondent nos.1 and 2.

Shri M.N. Ali, Advocate for respondent no.3.

---------- CORAM : P.N. DESHMUKH AND PUSHPA V. GANEDIWALA, JJ.

DATED : JUNE 4, 2019 Heard Shri Pande, learned Counsel for petitioners, Shri Pathan, learned Additional Public Prosecutor for respondent nos.1 and 2, and Shri Ali, learned Counsel for respondent no.3.

This petition is filed by the petitioners for issuing direction to respondent State for execution of bailable/non-bailable warrants issued from time to time against respondent no.3 in the proceedings initiated by petitioners under Section 125 of Code of Criminal Procedure before trial Court. It is also the case of petitioners that respondent no.4 being Corporator of the area wherein respondent no.3 resides had issued false certificate stating that respondent no.3 is not resident of the said area.

During hearing, Shri Pande, learned Counsel for petitioners, makes a statement that pending present

0406wp153.19 2/2 petition, respondent no.3 is already arrested and lodged in Jail at Bhandara for non payment of arrears of maintenance to petitioners.

In view of statement as aforesaid and as limited prayer is for direction to respondent State to take appropriate steps for effecting execution of arrest warrants issued against respondent no.3 from time to time, petition is found to be rendered infructuous. Though one of the prayers in the petition is also to take suitable action against respondent no.4 for issuing false certificate and having considered that the purpose for filing petition since is found satisfied, with liberty in favour of petitioners to take appropriate steps, if found necessary in future, we dispose of the petition in the above terms.

JUDGE JUDGE khj