Pratik Krishna Bhoir v. State Of Maharashtra

LSP 1 31 wp 3457.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No.3457 of 2025 Pratik Krishna Bhoir ...

Petitioner V/s.

The State of Maharashtra ...

Respondent Mr. Waqar Nasir Pathan Advocate for the Petitioner.

Mr. C.D. Mali APP for the State.

Digitally signed by LATA SUNIL PANJWANI Date:

2025.07.11 16:49:16 +0530 CORAM : S.M. MODAK, J LATA SUNIL PANJWANI DATE : 9th July 2025.

P.C. :

Heard learned Advocate for the Petitioner-accused No.2 and learned APP.

2.

The learned trial Court Judge had issued a warrant on 18th June 2025 for non-appearance. The accused who have appeared prayed for cancellation and it was cancelled subject to penalty of Rs. 10,000/- each. As the present Petitioner was not present, he did not apply for cancellation.

3.

My attention is invited to Report dated 17th June 2025 submitted by Virar Police Station addressed to the trial Court Judge. The Police have sought for time to serve the summons. If it is so, it is very strange how the learned trial Court Judge has issued a non-

LSP 2 31 wp 3457.25.doc bailable warrant on the same day.

4.

The learned APP pointed out that Petitioner can approach the same Court. He is having apprehension because penalty of Rs.10,000/- is imposed and some of the accused have filed transfer application before the learned Principal Judge. It is Criminal Misc. Application no.443/2025. The copy of the case history is produced. The same is taken on record. In view of that following order is passed:

ORDER

(i) Let the Petitioner to apply for cancellation of non-bailable warrant before the trial Court on or before 14th July 2025. (ii) Till 14th July 2025 the effect of non-bailable warrant is stayed.

(iii) The learned City Civil Judge should also consider that the police themselves have applied for extension of time and to consider the application positively.

5.

The Writ Petition stands disposed of.

(S.M. MODAK, J.)