Shri. Gopal Mahadeoji Khandelwal And Another v. State Of Maharashtra Thr. P.S.O. Washim Tq. And Dist. Washim And Another

APL389-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 389/2017 (GOPAL MAHADEOJI KHANDELWAL & ANOTHER VERSUS STATE OF MAHARASHTRA, THR. PSO PS WASHIM & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.G. Joshi, counsel for the applicants.

Mrs.K.R. Deshpande, A.P.P. for the NA-1.

Shri Rajnish Vyas, counsel for the NA-2.

CORAM : A.S. CHANDURKAR, J.

DATE : OCTOBER 11 , 2017.

On 14.06.2017, this Court had issued notice to the non-applicants, making the same returnable on 05.07.2017. Ad-interim stay in terms of prayer clause (b) was granted till the returnable date. On the returnable date, the matter was directed to be put up after service. It is submitted on behalf of the applicants that though the order passed by the Sessions Court was stayed, the learned Magistrate has proceeded with the trial and has directed the accused and their counsel to appear before him. It is submitted that as the impugned order was stayed, the learned Magistrate could not have proceeded with the matter. On behalf of the non-applicants, it is pointed out that interim stay was granted only till 05.07.2017 and the order passed by the learned Magistrate is dated 29.09.2017. The record indicates that the interim order was not continued after 05.07.2017. However, considering the fact that this Court had granted ad-interim stay on 14.06.2017, I am inclined to continue the interim relief in terms of prayer clause (b) till the present application is heard on merits.

APL389-17 Hence, the interim order granted on 14.06.2017 shall continue to operate until further orders. Put up for further consideration on 08.11.2017. CRIMINAL APPLICATION (APPP) NO.1685/2017.

By this application, a prayer for grant of interim stay is sought to be added by way of amendment. Considering the innocuous request, the application is allowed. The necessary amendment be carried out forthwith.

The criminal application stands disposed of.

JUDGE APTE