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Bombay High CourtAPPP/712/2019allowed

Hitesh Anilrao Raipurkar v. State Of Mah, Thr P.So. P.S Gadge Nagar, Amravati

2019-04-30Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Vinay Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NOS. 710 & 712 OF 2019 IN CRIMINAL APPLICATION (APL) NO. 384 OF 2019. Hitesh Anilrao Raipurkar and others.

-VERSUSState of Maharashtra.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Ms. K. Satpute, Advocate for the Applicants.

Shri T.A. Mirza, A.P.P. for the Non-applicant. CORAM : Z. A. HAQ AND VINAY JOSHI, JJ.

DATE : APRIL 30, 2019.

Heard.

2.

By order dated 10.04.2019, Criminal Application No. 384/2019, filed by the applicants under Section 482 of the Criminal Procedure Code is allowed, and FIR/Crime No. 1263/2018 registered with Police Station, Gadge Nagar, Amravati came to be quashed.

3.

In Criminal Application No.710/2019, the applicants have stated that when they went to serve the copy of judgment dated 10.04.2019 on the Police Station Officer, Gadge Nagar, Amravati, it was

informed that the investigation is transferred to Police Station, Nandanvan, Nagpur, and now the Crime/ FIR is registered as Crime No. 22/2019.

4.

Learned A.P.P. submitted that as joint application was filed under Section 482 of the Criminal Procedure Code by the accused and the informant, and the informant was present on 10.04.2019, Criminal Application No.384/2019 came to be disposed of on the first date itself, and because of it, he was not able to take instructions in the matter. It is submitted that now the investigation is transferred to Nandanvan Police Station. This is also stated by the applicants in Criminal Application No.710/2019. 5.

Criminal Application No.712/2019 is filed for addition of parties. It is prayed that State of Maharashtra, through Police Station Officer, Police Station, Nandanwan, Nagpur be added as party nonapplicant no.2. 6.

In the above facts following order is passed.

(i) Judgment passed by this Court in Criminal Application No.384/2019 on 10.04.2019, is modified. Wherever the word "Crime/FIR No.1263/2018" is referred, it be

substituted by words "Crime/FIR No.

22/2019".

(ii) The applicants are also permitted to amend the cause title of Criminal Application No. 1384/2019, by substituting "Police Station Nandanwan, Nagpur" in place of "Police Station, Gadge Nagar, Amravati".

(iii) The judgment be corrected accordingly.

(iv) Both the Criminal Applications are accordingly allowed and disposed.

JUDGE JUDGE Rgd.