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Bombay High CourtWP/2728/2025disposed off

Gangamani Myakal v. State Of Maharashtra

2025-06-11Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2025.06.17 10:54:51 +0530 RUSHIKESH VISHNU PATIL 3 WP.2728.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2728 OF 2025 Gangamani Myakal

...Petitioner

Versus

The State of Maharashtra

...Respondent

Ms Swapna P. Kode for the Petitioner.

Ms Dhanalakshmi Krishnaiyar, APP for the Respondent- State. CORAM: MANJUSHA DESHPANDE, J.

DATE : 11th JUNE 2025 P.C.:

1.

Issue notice to the Respondent.

2.

Learned APP waives notice on behalf of the RespondentState. 3.

The Writ Petition is taken up for final disposal with consent of the parties.

4.

According to the Petitioner, she has filed Domestic Violence Application No. 5 of 2022 to expedite hearing before the 29th Court of Metropolitan Magistrate at Bhoiwada, Dadar, Mumbai. She has filed the Application on 14th January 2022. After issuance of notice to the Respondent he has caused appearance on 11th February 2022. Thereafter the Respondent has filed an 11th June 2025 R.V.Patil

3 WP.2728.2025.doc application questioning the maintainability of the application filed by the Petitioner. It is the contention of the Petitioner that though she has argued on the maintainability of the application, the said application has not been decided. She has filed on record the status of the matter, which shows various dates on which the matter was listed before the Judicial Magistrate First Class, 29th Court. However, it does not seem that the matter is being proceeded. Upon perusal of the Rojanama it is evident that, since long the matter is pending, however no order has been passed. 5.

In view of the prayer made by the learned counsel for the Petitioner, it would be appropriate to grant the prayer made by the Petitioner requesting the Metropolitan Magistrate at Bhoiwada, Dadar, Mumbai to hear the matter in time bound manner and decide the same as far as possible within a period of four weeks. 6.

In view of the above observation, the Writ Petition is disposed off.

[MANJUSHA DESHPANDE, J.] 11th June 2025 R.V.Patil