Mohammad Irshad S/O Faiz Mohammad v. The State Of Maharashtra Thr Pso., Ps Ramtek Dist. Nagpur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO.1070 OF 2025 [Mohammad Irshad S/o. Faiz Mohammad ..Vs.. State of Maharashtra] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Shri Nazim Qureshi, Advocate for Petitioner.
CORAM
: RAJ D. WAKODE, J.
DATE : 29 th DECEMBER, 2025.
.
Heard Shri. Nazim Qureshi, learned counsel for the petitioner.
2.
On 28th November, 2025, the learned Judicial Magistrate First Class, Ramtek, had allowed the application below Exhibit-1 in Criminal Misc. Application No.253 of 2025, filed by the petitioner, thereby granting Supurtnama of his 22 buffaloes.
3.
The aforesaid application, after issuance of notice to the respondent, was allowed by the learned Trial Court, which directed the Ramtek Police Station to release 22 buffaloes on Supurtnama of Rs.3,70,000/- in connection with Crime No.918 of 2025. The learned Trial Court had further directed the petitioner to pay an amount of Rs.100/- per cattle to Nirashrit Govansh Seva Foundation, Kalmeshwar, District Nagpur, from 13th November, 2025 till the actual release of the said buffaloes. 4.
The contention of the petitioner is that immediately on 29th November, 2025, he approached the said Foundation and expressed his readiness to pay the entire amount as directed by the learned Trial Court for release of his buffaloes on
Supurtnama. However, the said Foundation refused to accept the amount saying that it intended to challenge the order seeking enhancement of the maintenance charges.
5.
Learned counsel for the petitioner has invited my attention to the Rojnama dated 4th December, 2025, which demonstrates that the said Foundation has approached the learned District Judge-18 and Additional Sessions Judge, Nagpur, by filing Criminal Revision Application No.285 of 2025, challenging the order dated 28th November, 2025 passed by the learned Judicial Magistrate First Class, Ramtek. The said Rojnama further reveals that only a simple notice has been issued in the aforesaid proceedings and that there is no stay granted to the order dated 28th November, 2025.
6.
In view of the above, issue notice to the respondent, returnable on 7th January, 2026.
7.
Mrs. Sneha S. Dhote, learned Additional Public Prosecutor, waives service of notice on behalf of the respondent/State and seeks time to file a reply, pointing out the actual position in the matter and seeking instructions as to why the order dated 28th November, 2025 has not been complied with till date.
8.
In the meanwhile, this Court notes that the order dated 28th November, 2025 passed by the learned Judicial Magistrate First Class, Ramtek, directs the petitioner to deposit an amount of Rs.100/- per cattle with Nirashrit Govansh Seva Foundation, Kalmeshwar, District Nagpur, from 13th November, 2025 till the date on which the actual release of the buffaloes is done.
9.
The petitioner has made a statement before this Court, which is also substantiated by the legal notice dated 4th December, 2025, that the petitioner was ready and willing to deposit the said amount on 29th November, 2025 itself. However, the said Foundation refused to accept the same and thereby delayed the proceedings. Hence, if the petitioner ultimately succeeds in the present proceedings before this Court, the petitioner will not be liable to pay the said amount for the period subsequent to 29th November, 2025.
(RAJ D. WAKODE, J.) TAMBE Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 29/12/2025 17:03:45