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Bombay High CourtAPPP/1822/2019dismissed

Shaikh Akbar S/O Shaikh Mehboob v. State Of Mah. Through Police Station Officer, P.S. Warud Dist Amravati

2019-11-29Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar,Hon'Ble Shri Justice Z.A. Haq2 pages

1 APPP1822.2019

IN THE HIGH COURT OF JUDICTURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 1822/2019 AND CRIMINAL APPLICATION (APL) NO. 808/2019 Shaikh Akbar Shaikh Mehboob and Anr., ..VS..

State of Maharashtra, through Police Station Officer, Police Station Warud, Dist. Amravati. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. P. Bhuibhar, Advocate h/f. Shri S. B. Gandhe, Advocate for the applicants.

Shri T. A. Mirza, A.P.P. for the non-applicant. CORAM : Z. A. HAQ, AND M. G. GIRATKAR, JJ.

DATED : 29 th November, 2019 This application is filed by the victim, seeking permission to come on record as non-applicant No.2. Filing of such application, in our view amounts to abuse of process of law.

Learned A.P.P. states that filing of such application by the victim before this Court is nothing but an act of collusion between the applicants (accused) and the victim and such acts should not be permitted by this Court. We find substance in the submission made by A.P.P. Hence, criminal application is dismissed.

For filing such unwarranted application, victim Archana Wasudeorao Uikey shall deposit Rs.2,000/- (Rs. Two Thousand) with the High Court Legal Services SubCommittee, Nagpur, and produce receipt on record of this application within two weeks.

2 APPP1822.2019 CRIMINAL APPLICATION (APL) NO. 808/2019.

List the criminal application for further consideration/hearing on 16th December, 2019. JUDGE JUDGE Kirtak