← Library
Bombay High CourtWP/326/2016others disposed off

Usha W/O Kishorrao Hedaoo v. The Statistical Officer, Nagpur Municipal Corporation, Health Department, Birth And Death, Nagpur

2016-10-03Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.S. Chandurkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Writ Petition No. 326 of 2016 [Sau. Usha wife of Kishorrao Hedaoo Vs. Statistical Officer, NMC, Nagpur] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. A.S. Bhendarkar, Adv., for the petitioner. Mr. A.M. Quazi, Adv., for respondent sole.

----

CORAM

:

B. P. DHARMADHIKARI AND A.S. CHANDURKAR, JJ.

DATE :

03rd October, 2016 By the present Writ Petition, the petitioner seeks a direction against the respondent to issue a Birth Certificate in terms of the order dated 14th January, 2015 passed by the learned Magistrate in the proceedings bearing Cr. M.A. No. 3976 of 2014. During the course of hearing, it has been submitted on behalf of the respondent that the Order dated 14th January, 2015 passed by the learned Magistrate, on the basis of which the present Writ Petition has been filed, has been challenged by the respondent by filing a Revision Application under Section 397 of the Criminal Procedure Code. The said Revision Application has been filed along with an application for

condonation of delay.

Considering the nature of relief sought in the present Writ Petition and as the statutory remedy has been invoked by the respondent, we are not inclined to interfere at this stage. The interest of justice would be served if the proceedings in the Revision Application are expedited.

Accordingly, by directing the learned Sessions Judge, who is seized of the Revision Application filed by the respondent, to decide the said application expeditiously and within a period of three months from today and leaving all points raised in the Writ Petition open, we dispose of the present Writ Petition. No costs. Judge Judge |hedau| C E R T I F I C A T E original signed Judgment/Order.

Uploaded by : R.B. Hedau, Uploaded on : 03rd Oct., 2016 Pvt. Secretary.

-0-0-0-0-