Sachin Shyamrao Jaiswal And Others v. State Of Maharashtra, Through P.S.O. P.S. Hudkeshwar, Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO.257 OF 2015 Shri Sachin Shyamrao Jaiswal and ors ..vs..

State of Mah., through Police Station Officer, Police Station, Hudkeshwar, Nagpur and anr ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri H.N. Bhondge, counsel for the Applicants. Shri L.B. Thawkar, counsel for NA No.2.

Shri R.S. Nayak, Addl.P.P. for NA No.1/State.

CORAM

: B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATED : JANUARY 25, 2016.

Heard learned counsel for the applicants Shri H.N. Bhondge, learned counsel for non-applicant No.2/complainant Shri L.B. Thawkar, and learned Additional Public Prosecutor for non-applicant No.1/State Shri R.S. Nayak.

Learned counsel for non-applicant No.2/complainant Shri L.B. Thawkar submits that reply-affidavit has been drafted and he can file the reply within a period of one week.

Learned counsel Shri L.B. Thawkar as also .....2/-

learned Additional Public Prosecutor Shri R.S. Nayak, however, point out that the charge-sheet is already filed in the Court No.1 at Nagpur.

During hearing, we find that applicant No.1 before this Court is the husband of complainant nonapplicant No.2. The other applicants are her in-laws. Prima facie, it appears that applicant No.9 who is the sister of applicant No.1 is residing at Indore. Applicant Nos.6 and 7 who are relatives of mother of applicant No.1 are residing at Bombay.

In this situation, as the charge-sheet is already filed, we are not inclined to consider the rival contentions.

We grant the applicants leave to appear in the above mentioned Court through their Advocate. Applicant No.1 and said Advocate shall appear before that Court. The applicants are free to move appropriate application seeking discharge or such other application as they may be advised within a period of four weeks. If such application is filed, it shall be decided by that Court within a period of next eight .....3/-

weeks.

Till that application is decided, the matter shall attended to by applicant No.1 & it shall not be necessary for the other applicants to remain present before that Court.

With these directions and keeping all rival contentions open, we dispose of the criminal application. No costs.

JUDGE JUDGE !! BRW !!

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