Leeladhar S/O. Kawdu Talewar And Others v. Mr. Raju S/O. Nandayya Gundetti

12 wp776of2017.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.

/20 (Leeladhar s/o Kawdu Talewar and others ..Vs.. Raju s/o Nandayya Gundetti) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri R.R. Vyas, Advocate for the petitioners. Shri A.S. Ambatkar, Advocate for the respondent. CORAM: ROHIT B. DEO , J.

DATE: 2 8 th FEBRUARY , 201 8 .

The challenge is to the order dated 01-06-2017 of issuance of process passed by the Judicial Magistrate First Class, 5th Court, Chandrapur in R.C.S. No. 295/2014. 2.

Heard Shri Rajnish Vyas, learned Counsel for the petitioners and Shri A.S. Ambatkar, learned Counsel for the respondent.

3.

The learned counsel for the sole respondent Shri A.S. Ambatkar, objects to the maintainability of the petition on the ground that the petitioner has not approached the Sessions Judge under Section 397 of the Criminal Procedure Code.

4.

The learned counsel for the petitioners would

12 wp776of2017.odt 2 submit that in view of the glaring facts, this Court ought to entertain the petition, although the remedy of approaching the Sessions Judge, which remedy is in any event a concurrent remedy, is available.

5.

I am not inclined to look into the merits of the controversy.

6.

It would be appropriate if the petitioner approaches the learned Sessions Judge, Chandrapur under Section 397 of the Criminal Procedure Code, challenging the order of issuance of process.

7.

The learned Counsel for the petitioners Shri R.R.Vyas seeks liberty to withdraw the petition and to approach the learned Sessions Judge, Chandrapur. He would submit that the interim order dated 28-8-2017 may be continued for four weeks to enable the petitioners to take necessary steps. The request is reasonable and in all fairness is not opposed by the learned Counsel for the respondent. 8.

The petition is disposed of as withdrawn. The petitioner are at liberty to approach the learned Sessions Judge, Chandrapur.

9.

The interim order dated 28-8-2017 shall

12 wp776of2017.odt 3 continue to operate for a further period of four weeks and shall automatically cease thereafter.

The learned Sessions Judge, Chandrapur is requested to finally decide the revision within four weeks from the date of filing.

RKN JUDGE