Mayur S/O Pradip Kaware And Another v. State Of Mha. Thr. Pso Ps Nerul Dist.New Mumbai And Another

1 10.cri.wp.819.2021

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 819 OF 2021 Mayur s/o Pradip Kaware and anr.

..vs..

State of Maharashtra and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Rohit Joshi, Advocate a/w Shri Madhur Deo, Advocate for the petitioners.

Shri Thakre, A.P.P. for the respondent no.1.

Shri Shaym Jaiswal, Advocate for respondent no.2(appointed) CORAM : VINAY JOSHI AND BHARAT P. DESHPANDE, JJ. DATED :

05/04/2023.

Heard.

2.

This petition is for quashing of First Information Report in Crime No.307 of 2021 registered with the Nerul Police Station, District Navi Mumbai for the offence Punishable under Sections 498-A, 323m 504, 506 read with Section 34 of the Indian Penal Code and related criminal case bearing R.C.C. No.370 of 2022 pending on the file of the Judicial Magistrate First Class, Washi (Belapur), District Thane.

3.

It is brought to the notice of the petitioners that the offence is registered at Thane District and the criminal case is also pending at Thane, which region comes under the jurisdiction of principal seat. 4.

At this juncture, learned Counsel for the petitioners, seeks permission to withdraw the petition with liberty to apply to the Principal Seat for the same cause. So also he requested to grant interim protection. It

2 10.cri.wp.819.2021 is informed that yet the criminal case is for return of summons.

5.

Learned Counsel for the petitioners would submit that bailable warrant was also issued to the husband.

6.

In view of above, petition stands disposed of since withdrawn with liberty as prayed for.

7.

Learned Trial Court (Judicial Magistrate First Class) Washi shall not insist for the presence of both the petitioners for the period of two months from today. 8.

If warrants are issued, it shall be recalled. 9.

The Registry, to inform concern Magistrate accordingly.

10.

Fees of the appointed Counsel be paid as per the Rules.

(BHARAT P. DESHPANDE, J.) (VINAY JOSHI, J.) Trupti TRUPTI SANTOSHJI AGRAWAL 06.04.2023 15:00