Nara Chandrababu Naidu S/O Kharjura Naidu v. The State Of Maharashtra And Another

924 APPLN 1025 24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CRIMINAL APPLICATION NO. 1025 OF 2024 IN APPLN/3428/2023 WITH CRIMINAL APPLICATION NO. 1048 OF 2024 WITH CRIMINAL APPLICATION NO. 3428 OF 2023 NARA CHANDRABABU NAIDU S/O KHARJURA NAIDU

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Sidhart Aggarwal, Senior Advocate i/b Mr. Bora Satyajit S.

APP for Respondents: Mr. V. K. Kotecha ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 08.03.2024 PER COURT :

The learned Senior Advocate points out that already exemption from personal appearance before the trial court was granted to the applicant in one of the matters (Criminal Application No. 3428/2023), and prays that it may be extended.

2.

We are being consistent. It is a matter of quashment, which is an extraordinary power vested in this Court under Section 482 of the Code of Criminal Procedure. The trial court is seized of the matter. It would be always open for the applicant to approach the trial court and seek exemption from personal appearance under the appropriate provision in the Code of Criminal Procedure. We, therefore, reject the request for extension of the interim relief. The matter is ripe and can be disposed of finally. 1/2

924 APPLN 1025 24.odt 3.

We may make it clear that if any such application is filed by the applicant, the trial court shall consider and decide it on its own merits, uninfluenced by the fact that we are not extending the exemption granted earlier.

3.

Issue notice for final disposal to the respondents in Criminal Application No. 1048/2024.

4.

Learned A.P.P. waives service for both the respondents. 5.

Place all the matters for final hearing on 05.04.2024. ( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 2/2