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Bombay High CourtWP/4632/2025disposed off

Sanjay Uttam Tavdarkar v. The State Of Maharashtra And ANR

2025-11-24Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Ajit B. Kadethankar2 pages

97-WP-4632-2025.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4632 OF 2025 Sanjay Uttam Tavdarkar ] Petitioner versus The State of Maharashtra and another ] Respondents .....

Mr. Rahul Khot, for Petitioner.

Ms. S.N. Deshmukh, A.P.P, for Respondent No.1 - State. .....

CORAM : M.S. KARNIK & AJIT B. KADETHANKAR, JJ DATE : 24th NOVEMBER, 2025.

ORAL ORDER: [PER M.S. KARNIK, J.]:

1.

Heard learned Counsel for the petitioner and the learned A.P.P, for respondent No.1 - State.

2.

It is the contention of the learned Counsel for the petitioner that transaction of civil nature in respect of which civil proceedings are pending is given lavour of criminal nature. It is further submitted that the respondent No.2 - complainant has been absconding since last one year and ive months. The Trial Court has also issued a bailable warrant against the complainant for remaining absent SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.11.25 18:36:07 +0530

97-WP-4632-2025.doc continuously. None the less, the complainant has been appearing in other civil proceedings. Learned Counsel for the petitioner further submits that continuation of the proceedings at the instance of such a complainant is an abuse of the process of Court. 3.

In such view of the matter, as the complainant is remaining absent, if an application is moved before the Trial Court by the petitioner, the Trial Court to pass appropriate orders on such application. The Trial Court is requested to expedite the hearing of the trial and conclude the same as expeditiously as possible and preferably within a period of one year from the date of communication of this order.

4.

The petition is disposed of in the aforesaid terms. No order as to costs.

[AJIT B. KADETHANKAR, J.] [M.S. KARNIK, J.]