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Bombay High CourtAPPLN/322/2024disposed off

Pratibha Vikas Salve v. The State Of Maharashtra And ANR

2025-01-28Hon'Ble Shri Justice Amit Borkar2 pages

5.APPLN.322.2024.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION APPLICATION NO.322 OF 2024 Pratibha Vikas Salve .. Applicant

Versus

The State of Maharashtra and Anr.

.. Respondents ....................

 Mr. Kango Avinash Dattatraya, Advocate for Applicant.  Mr. Hitendra J. Dedhia, APP for Respondent - the State of Maharashtra.

 Mr. S. S. Irkate, Police Sub-Inspector, Bandra Police Station. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 28, 2025 P.C.

:

1.

Heard Mr. Dattatraya, learned Advocate for Applicant and Mr. Dedhia, learned APP for Respondent - the State of Maharashtra. 2.

This is an Application under Section 483(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. However in so far grounds taken in Application are concerned it is prima facie seen that Applicant desires fulfillment of promise given by Accused to the Applicant in respect of which the First Information Report (for short 'FIR') has been registered. Considering that Accused has been granted bail there is no specific ground made out in Application seeking any modification or cancellation of any of the conditions in the orders granting bail which can be prima facie seen.

3.

Mr. Kango would repeatedly argue that Court should direct

5.APPLN.322.2024.doc the Accused to fulfill his obligations, inter alia, pertaining to the amount that he had promised to give to Applicant and with respect to his promise to marry the Applicant.

4.

Respondent No.2 has been duly served which can be observed from the remark. Today when the matter is called out and heard by me, Respondent No.2 is not present. One last opportunity is given to Respondent No.2 to remain present. Copy of this order shall be served on Respondent No.2 by Advocate for Application which can also be served through registered post.

5.

Stand over to 11th February, 2025.

H. H. SAWANT [ MILIND N. JADHAV, J. ] HARSHADA HANUMANT SAWANT Date: 2025.01.28 14:43:49 +0530 HARSHADA HANUMANT SAWANT