Jitendra Uttam Jadhav v. Mani Jitendra Jadhav And ORS

KVM 1/2 6 - WP 2645 OF 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION KANCHAN VINOD MAYEKAR KANCHAN VINOD MAYEKAR Date: 2023.12.19 14:45:30 +0530 CRIMINAL WRIT PETITION NO. 2645 OF 2022 Jitendra Uttam Jadhav ..... Petitioner

VERSUS

Sau. Mani Jitendra Jadhav & Ors.

..... Respondents Mr.Laxman K. Kalel for the Petitioner.

Mr.Nagesh Y. Chavan for the Respondents.

CORAM: RAJESH S. PATIL, J.

DATE : 18th DECEMBER, 2023 P.C. :- This writ petition challenges the judgment and order dated 20 January, 2022 passed by the District Judge and Additional Sessions Judge, Sangli in order below Ex.1 in Criminal Appeal No. 107 of 2018. 2.

By the impugned order, the Sessions Judge dismissed the appeal for non compliance.

3.

The advocate for the petitioner has submitted that the maintenance proceedings are filed under the Domestic Violence Act and also under the Hindu Marriage Act, and under section 125 of the Code of Criminal Procedure, 1973.

KVM 2/2 6 - WP 2645 OF 2022.doc 4.

Mr.Chavan, learned counsel for the respondents has opposed granting of any relief in this matter.

5.

Since the criminal appeal was dismissed only on the ground of non compliance and not providing the copies of the documents as mentioned in Ex.16, the impugned judgment and order dated 20 January, 2022 passed by the District Judge and Additional Sessions Judge, Sangli, is quashed and set aside. The petitioner (appellant below Sessions Judge) is granted three weeks time to comply with the directions given in order Appeal Ex.16.

6.

So also the submissions made by the advocate for the petitioner that the arrears of Rs.10,000/-, would be paid within a period of three weeks, is accepted by this Court.

7.

Writ petition is accordingly disposed off.

8.

All concerned to act on the authenticated copy of this order. [RAJESH S. PATIL, J.]