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Bombay High CourtWP/2193/2024transfer to other court

Sadika Mansoor Kazi v. The State Of Maharashtra And ANR

2024-12-09Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice S. M. Modak2 pages

25-WP-2193-2024 (CR).doc Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2193 OF 2024 Sadika Mansoor Kazi

...Petitioner

Versus

The State Of Maharashtra and Anr.

...Respondents

Adv. Hassnain Kazi, with Adv. Shraddha Vavhal and Adv. Hafiz Kazi, for the Petitioner.

Smt. Anamika Malhotra, APP for Respondent No.1-State. CORAM : SARANG V. KOTWAL AND DR. NEELA GOKHALE, JJ.

DATE : 9th DECEMBER 2024.

P.C.:- 1) Learned counsel for the Petitioner states that the Petitioner is a married sister-in-law of the Respondent No.2-Informant. The Petitioner is staying at Panchgani whereas the Informant and her husband, i.e., Petitioner's brother and other family members were residing at Pune. There are only general and vague allegations against the Petitioner. There is no specific allegation against her in particular. He submitted that during the pendency of this Petition, now the charge-sheet is filed. He seeks leave to amend to annex a copy of the charge-sheet.

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25-WP-2193-2024 (CR).doc 2) Considering his submissions, we are inclined to grant adinterim relief and leave to amend. Hence, the following order:

ORDER

(i) Leave to amend to annex a copy of the charge-sheet and amend the pleadings, is granted. Amendment shall be carried out within a period of four weeks from today. (ii) Issue notice to the Respondent No.2 after the amendment is carried out, returnable on 17th February 2025. (iii) Till then, the trial Court shall not proceed against the Petitioner only. It is made clear that this ad-interim protection is granted only in respect of the Petitioner and not in respect of other Accused.

3) Stand over to 17th February 2025.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2024.12.11 11:30:42 +0530 SHAMBHAVI NILESH SHIVGAN 2/2