Nilesh S/O Bhaskararo Harde v. Smt. Mangala W/O Sachin Gawhankar And Another

Order 2911apl639.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 639/2016.

Nilesh Bhaskarrao Harde -VERSUSSmt. Mangala Sachin Gawhankar and another. 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 & KUM. INDIRA JAIN, JJ.

DATE : NOVEMBER 29, 2016.

Heard Shri R.V. Gillurkar, learned counsel for the applicant and Shri J.Y. Ghurde, learned A.P.P. for non-applicant no.2. None appears for nonapplicant no.1 - complainant. 2.

Complainant is wife of elder brother of the applicant. She has filed proceedings under Section 498A read with Section 34 of Indian Penal Code, and because name of applicant figures in it, his salary has been withheld.

3.

Shri Gillurkar, learned counsel attempts to demonstrate that there are no other allegations against the applicant and this is case of false

Order 2911apl639.16 implication.

4.

Learned A.P.P. submits that a bare reading of the FIR reveals that role of applicant is specifically mentioned therein.

5.

As the FIR is dated 22.11.2005, and charge sheet is also presented in the year 2006, we are not inclined to intervene in extra ordinary jurisdiction. Non-applicant no.1 though served, has chosen not to appear before this Court. According to the learned counsel for the applicant, she is also not participating in proceedings before the trial court, and therefore, the proceedings are getting delayed.

6.

We grant liberty to petitioner to move appropriate application before the trial Court in this respect. If such an application is moved within a period of two weeks, the trial Court to attempt to decide the same as per law within a period of 4 weeks thereafter.

7.

With these directions and keeping all rival contentions open, we dispose of the present Application. No costs.

JUDGE JUDGE Rgd.