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Bombay High CourtAPL/376/2024allowed

Kishore Ravichandran Iyengar And ANR v. State Of Maharashtra And ANR

2024-08-23Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

Gitalaxmi 2-apl-376-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 376 OF 2024 Kishore Ravichandran Iyengar & Ors.

.....Applicants/ Accused Vs.

The State of Maharashtra & Anr.

.....Respondents Mr. Omkar Nagwekar for the Applicants/Accused. Mr. Anand S. Shalgaonkar, A.P.P. for the Respondent-State. W.P.S.I. A. H. Shinde, Mahim Police Station, Mumbai present. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 23rd AUGUST 2024.

P.C.:- 1) Praecipe dated 22nd August 2024 is circulated by learned Advocate for the Applicants for speaking to the minutes of Order dated 14th August 2024.

1.1) In the said Order, the following paragraph is inadvertently remained to be typed :

"Ad-interim relief, if any granted earlier, to continue till then." 1.2) The aforestated paragraph be added after paragraph no. 4. After effecting the said correction, the Order dated 14th August 2024 be read as under :

"1) Record prima-facie indicates that, the Commissioner of Police, Mumbai is not a party to the Petition. 1/2

Gitalaxmi 2-apl-376-2024.doc Despite the said fact, the signatory of the Note dated 9th / 12th August 2024, made on Farad Sheet has stated that, "Notice reminder I issued to the Commissioner of Police Mumbai, service awaited."

1.1) We are unable to comprehend what the concerned Clerk / Assistant Registrar wants to state and indicate. 2) Our observations made in para No. 4 of Order dated 9th July 2024 in Writ Petition No. 1471 of 2024 are self eloquent and are squarely applicable to the said Note put up in the present case also.

3) In view thereof, we direct the Registrar (Judicial-I) to conduct enquiry into the same and submit a report to this Court.

3.1) This be done within a period of two weeks from today.

3.2) We may consider to initiate appropriate action under the law after receipt of Report from the Registrar (Judicial-I) in that behalf.

4) Stand over to 4th September 2024.

5) Ad-interim relief, if any granted earlier, to continue till then."

2) Order dated 14th August 2024 be corrected accordingly and a corrected Order be uploaded on the official website of the Bombay High Court.

3) Praecipe dated 22nd August 2024 is accordingly disposed off. (DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:

2024.08.28 18:33:50 +0530 2/2 GITALAXMI KRISHNA KOTAWADEKAR