Mohammad Kayyum S/O Kalimuddin Malik v. State Of Maharashtra, Through P.S.O. Jaripatka P.S. Nagpur And Others

Order 0701wp573.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION No. 573/2015.

Mohd. Kayyum Kalimuddin Malik -VERSUSThe 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.

CORAM

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

DATE : JANUARY 07, 2016.

Heard Shri V.R. Thote, learned Counsel for the petitioner, Shri Ghurde, learned A.P.P. for respondent nos. 1 and 2 and Shri S.Z. Sonbhadre, learned counsel for respondent no.3, for some time. 2.

We find that the petitioner has approached learned Judicial Magistrate First Class, and Judicial Magistrate First Class, Court No.5, Nagpur has on 12.02.2015 rejected the application under Section 156[3] of Criminal Procedure Code while passing orders on Misc. Criminal Application No.4437/2014. That order is revisable under Section 397 of Criminal Procedure Code. As such with liberty to the petitioner

Order 0701wp573.15 to proceed further in the matter, in accordance with law, we dispose of the present Writ Petition. Needless to mention that all rival contentions on merits are kept open. No costs.

JUDGE JUDGE Rgd.