Smt. Bharti Rampal Yadav v. State Of Maharashtra, Thr. Crime Branch, Nagpur

Order 0812appp206.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPP) NO. 206/2016 IN CRIMINAL WRIT PETITION No. 708 OF 2016.

Smt. Bharti Rampal Yadav -VERSUSThe State of Maharashtra .

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 : DECEMBER 08, 2016.

Heard Shri R.P. Joshi, learned Counsel for the petitioner and Shri M.J. Khan, learned A.P.P. for respondent.

2.

In view of disclosure in reply-affidavit that action under Section 102 of Criminal Procedure Code is already taken, learned counsel for the petitioner is seeking leave to raise additional grounds and necessary prayers.

3.

Learned A.P.P. is objecting to grant of amendment. He submits that basic petition itself

Order 0812appp206.16 is erroneous, as remedy under Section 457 of Criminal Procedure Code has not been exhausted. 4.

Shri Wakode, learned counsel appearing for the complainant, points out that he has filed an application for intervention, and it is still to be decided.

5.

In this situation, without prejudice to the contentions of the parties, we grant leave to petitioner to amend the petition. Necessary amendment be carried out within a period of two weeks from today. Liberty to respondents to file reply within one week thereafter.

6.

Criminal Application is disposed of accordingly.

7.

List the Writ Petition for further consideration after Christmas Vacations.

JUDGE JUDGE Rgd.