Mujahid Iqbal S/O Mohammad Ismail v. Ambreen W/O Mujahid Iqbal And 2 Others

44crapeal247.22.odt THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO. 247/2022 Mujahid Iqbal Mohammad Ismail...Versus...Ambreen Mjahid Iqbal and ors - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. S.S.Sitani, Advocate for the appellant.

Mr. Masood Shareef, Advocate for respondent Nos. 1 to 3 CORAM : AVINASH G. GHAROTE, J.

DATE : 08/06/2022 Heard Mr. Sitani, learned counsel for the appellant and Mr. Shareef, learned counsel for the respondent. The only grievance raised by Mr. Sitani, learned counsel for the appellant is that in spite of holding in para 16 of the impugned order that the application under Section 340 of the Cr.P.C shall require evidence and therefore, has to be decided while deciding the proceedings on merits, the resultant order is rejecting the application, which ought not to have been done.

Mr. Shareef, learned counsel for the respondent though opposes the appeal, he does not dispute the observations made in para 16 of the impugned order, considering which the impugned order in so far as it rejects the application at Exh. 19 is hereby quashed and set aside and

44crapeal247.22.odt it is directed that Exh. 19 shall be decided along with Section 125 proceedings on merits after the evidence is recorded. The appeal is partly allowed in above terms.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: