Adv. Gajanan S/O. Shrawan Ambalwar v. State Of Mah. Thr. Pso, Wani, Tq. Wani, Distt. Yavatmal And Others

2025:BHC-NAG:689 46-APPEAL-462-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO. 462 OF 2023 ADV. GAJANAN S/O SHRAWAN AMBALWAR

VERSUS

STATE OF MAHARASHTRA AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. S. Shukla, Advocate for appellant.

Ms. H. N. Prabhu, APP for respondent No.1.

Shri Nihalsingh Rathod, Advocate for respondent Nos.2 to 9. CORAM : G. A. SANAP, J.

DATE :

21/01/2025.

1.

Heard the learned advocates for the parties.

2.

The appellant has challenged the order dated 28/03/2023. On going through the order, it is apparent that the learned Judge has not rejected the application made by the applicant under Section 156(3) of the Code of Criminal Procedure. The order shows that the learned Judge before passing the order on that application, thought it fit to direct the police to conduct further enquiry. The order directing the police to conduct further enquiry could not be said to be against the applicant. On going through the order, it appears that the learned Judge on receipt of enquiry report, one way or the other would pass the final order.

3.

In view of this, apprehension put-forth by the appellant that the learned Judge has rejected his prayer by taking cognizance cannot be sustained, at this stage. The applicant will have to wait till the final order by the learned

46-APPEAL-462-2023 Additional Sessions Judge-2, Kelapur on receipt of enquiry report from P.S.O., Police Station, Wani.

4.

The appeal is disposed of being not maintainable. [G. A. SANAP, J.] Choulwar