Sheikh Wasim S/O Sheikh Rashid v. Shamshad Hussain Ali S/O Hasan Hafiz Maulana

2025:BHC-NAG:2367 926.APL.853.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 853 OF 2024 Sheikh Wasim S/o. Sheikh Rashid .Vs.

Shamshad Hussain Ali S/o. Hasan Hafiz Maulana _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr N.R. Tekade, Advocate for the applicant CORAM : A NIL S. KILOR , J.

DATED : MARCH 07 , 2025 .

In the present matter, the challenge is raised to denial of the relief sought by the applicant to refer certain documents to the handwriting expert. It is the case of the applicant that the signature on the acknowledgment as regards alleged service of notice made on the applicant is not of the applicant and in connivance with the postman, the same has been fabricated.

2.

Admittedly, till date the applicant has not entered into the witness box and led his evidence in defence. 3.

In the circumstances, at this stage, learned counsel for the applicant seeks permission to withdraw the present application with liberty to move such application for referring the documents for opinion of the handwriting expert at appropriate stage.

926.APL.853.2024.odt 4.

The permission to withdraw the present application is granted.

5.

The criminal application stands disposed of, as withdrawn with liberty to move an application for referring the documents, if he so desires, at appropriate stage. 6.

Needless to mention that if such application is moved, the learned trial Court shall decide the same in accordance with law.

(ANIL S. KILOR, J.) Namrata