Nishad Fatema W/O. Syed Rizwan Naqvi v. The State Of Maharashtra Thr. P.S.O., Ganeshpeth, P.S. Nagpur And ANR.
0508apl305.19 & 38.19 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.305 OF 2019 (Nishad Fatema w/o Syed Rizwan Naqvi vs. State of Maharashtra and another) WITH CRIMINAL WRIT PETITION NO.38 OF 2019 (Moshina Zehra Naqvi w/o Syed Sabir Hussain and another vs. The State of Maharashtra and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
CRIMINAL APPLICATION NO.305 OF 2019 Ms. S. Thakur, Advocate h/f Shri S.P. Sonwane, Advocate for applicant.
Shri S. Sirpurkar, Additional Public Prosecutor for respondent no.1.
Shri A. Shukla, Advocate h/f Shri S.M. Syed, Advocate for respondent no.2.
CRIMINAL WRIT PETITION NO.38 OF 2019 Shri A. Shukla, Advocate h/f Shri S.M. Syed, Advocate for petitioners.
Shri S. Sirpurkar, Additional Public Prosecutor for respondent nos.1 and 2.
Ms. S. Thakur, Advocate h/f Shri S.P. Sonwane, Advocate for respondent no.3.
---------- CORAM : P.N. DESHMUKH AND PUSHPA V. GANEDIWALA, JJ.
DATED : AUGUST 5, 2019 Shri Shukla, learned Counsel for original complainant, prays for grant of time.
On the earlier date, time was granted to prosecution to make statement with regards to filing of summary proceedings.
Shri Sirpurkar, learned Additional Public Prosecutor, on instructions, makes a statement that in
0508apl305.19 & 38.19 2/2 this crime, for want of evidence, summary is proposed to be filed before competent Court.
In that view of the matter, we find no reason to keep the present applications pending as the same can be disposed of by granting liberty in favour of complainant to contest the summary proceedings before competent Court. The applications are, therefore, dismissed with liberty in favour of complainant to contest the summary proceedings before the competent Court.
JUDGE JUDGE khj