Bombay High CourtAPPW/187/2019allowed

Smt Pratibha Manoj Verma And 4 Others v. The State Of Mah.Thr.Secr.Mumbai And 7 Others

2019-09-16Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1 1.appw187.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH NAGPUR CRIMINAL APPLICATION (APPW) NO. 187/2019 IN WRIT PETITION NO. 99/2005 Pratibha Wd/o. Manoj Verma & Oth.

..VS..

The State of Maharashtra & Oth.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for the petitioners Shri M. K. Pathan, Advocate for the respondent Nos. 1 & 2 Shri D. M. Dixit, Advocate for the respondent Nos. 3 & 4 CORAM : Z.A.HAQ AND PUSHPA V. GANEDIWALA, JJ.

DATED : 16 th September 2019 None for the petitioners.

2] By this application, the petitioner No.2-Ku Riya d/o. Manoj Verma seeks directions against the State Bank of India, Branch Wardhaman Nagar, to pay the amount of her share from the amount deposited by State with it to the petitioner No.2.

3] Learned Advocate for the respondent Nos. 3 & 4 (Original accused) submitted that as they are acquitted, they are not liable to pay any amount towards compensation to the petitioners. It is submitted that however the respondent Nos. 3 & 4 have no objection for giving the amount of share of petitioner No.2 to her. Learned APP also has no objection for disbursing the amount of share of the petitioner No.2 to her.

2 1.appw187.2019 4] In view of the above, State Bank of India, Branch Wardhaman Nagar, Nagpur is directed to pay Rs.2,00,000/- (Share of petitioner No.2 Riya d/o. Manoj Verma), out of the amount deposited by the State of Maharashtra as per order passed on 24th February 2015, to the petitioner No.2, alongwith interest, if any on it. The balance amount shall be continued in deposit, until further orders of this Court.

Criminal application is allowed accordingly. No costs.

JUDGE JUDGE Namrata