Pravin S/O Amrutrao Kude v. State Of Maharashtra, Through P.S.O. Sakkardara, Nagpur And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO.203 OF 2015 Shri Pravin S/o Amrutrao Kude ..vs..

State of Maharashtra, through Police Station Officer, Sakkardara, District Nagpur and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... None appears for the applicant.

Shri R.R. Vyas, counsel for non-applicant No.2. Shri J.Y. Gurdey, Addl.P.P. for non-applicant No.1/State.

CORAM

: B.P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

DATED : SEPTEMBER 14, 2016.

Heard learned counsel Shri R.R. Vyas for non-applicant No.2, mother and learned Additional Public Prosecutor Shri J.Y. Gurdey for non-applicant No.1/State. None appears for the petitioner. Learned counsel Shri R.R. Vyas for non-applicant No.2 states that the applicant has co-operated and necessary documents have been submitted to the competent authority at Nagpur for grant of caste certificate. He also requests the Court to keep the matter pending. Learned Additional Public Prosecutor Shri J.Y. Gurdey for non-applicant No.1/State points out that the grievance in the application has got no bearing on the aspect of issuance of caste certificate.

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In this situation, as the applicant has co-operated and this Court has only intervened to protect education and interests of minor, we find that Regular Criminal Case No.758 of 2013 need not be kept pending. Learned counsel Shri R.R. Vyas for nonapplicant No.2, upon instructions, states that though the said criminal matters can be disposed of, the nonapplicants should be given liberty to approach again, if any technical problem arises.

Learned Additional Public Prosecutor Shri J.Y. Gurdey for non-applicant No.1/State submits that any non-cooperation or denial needs to be looked into in appropriate jurisdiction.

Without observing anything on this request by learned counsel Shri R.R. Vyas for non-applicant No.2 and with liberty to the non-applicants to make their grievance in appropriate forum, if occasion therefor arises, we make the Rule absolute in terms of prayer clause (A) of the criminal application. The criminal application is disposed of. No costs.

JUDGE JUDGE !! BRW !!

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C E R T I F I C A T E I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.

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Uploaded on :- 15/09/2016 (Personal Assistant) ...../-