Atish S/O Honaji Tamgadge And Others v. State Of Maharashtra, Through Its Secretary, Ministry Of Home, Mumbai And Others

1 apl889.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.889 OF 2015.

(ATISH HONAJI TAMGADGE & OTHERS ..VS.. STATE OF MAH. & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri T. Rahul, Advocate for Applicants.

Shri J.Y. Ghurde, A.P.P. for Non-applicant Nos. 1 & 2. Shri Rajnish Vyas, Advocate for Non-applicant No.3. CORAM : B.P.DHARMADHIKARI AND Z.A.HAQ, JJ.

DATED : FEBRUARY 08, 2016.

Advocate Shri T. Rahul with the assistance of certain judgments, attempts to demonstrate that there is no material on record warranting cognizance of the grievance under Section 498-A of the Indian Penal Code. The learned A.P.P. is seeking time to file reply. However, Advocate Shri Vyas appearing for the non-applicant No.3-wife points out that charge-sheet is already filed and now the matter is for recording of evidence in the Court of J.M.F.C., Warora.

In this situation, we find that the interests of justice could be met with by permitting the applicant No.1husband along with his counsel to appear and to contest the matter on behalf of the applicants.

2 apl889.15 If the presence of other applicants is required for any purpose, the trial Court shall pass order accordingly. With this direction and keeping all the rival contentions open, we dispose of the criminal application. JUDGE JUDGE RRaut..