Prashant Jaidev Wasankar v. State Of Maharashtra Thr Pso Civil Lines, P.S Civil Line, Akola

2025:BHC-NAG:9449 Order 2009appa767.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 767 OF 2025.

Prashant Jaidev Wasankar -VERSUSSwaroop Vinod Tiwari and another.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri J. Mishra, Advocate (Appointed) for the Petitioner. Ms S.V. Kolhe, A.P.P. for the Respondent.

CORAM : M.M. NERLIKAR, J.

DATE : SEPTEMBER 20, 2025.

After hearing this matter for quite some time, when this Court was not inclined to grant the relief, the learned Counsel for the petitioner sought permission to withdraw the petition. However, he prayed that the order to the extent of imposing cost passed by the learned Additional Sessions Judge, Akola dated 31.05.2025 only be considered.

2.

From paragraph no.10 the order impugned it seems that for filing two applications Rgd.

Order 2009appa767.25 i.e. Applications at Exh.307 and 278 by the accused, cost was imposed, as the Court thought it fit that the intention of the accused is only to prolong the case.

3.

As the accused is availing his remedies, it cannot be said that the accused is prolonging the matter. A statement is made by the learned Counsel for the petitioner today that the petitioner will abide by the order passed by this Court expediting the trial. In this view of the matter, on assurance that the accused will cooperate with the trial Court and he will not prolong the matter, the order to the extent of imposing costs of Rs.10000/- is quashed and set aside, the other part of the order shall remain intact. Criminal Writ Petition is disposed of in aforesaid terms.

4.

Fees of the learned Counsel appointed for the petitioner be quantified as per Rules. JUDGE Rgd.