Kailashdas S/O Pritamdas Sarba Alias Kailash S0 Pritamdas Panaka v. The State Of Maharashtra Thr Pso, Ps Hinganghat Dist. Wardha

(1) 909 appp 2488-2025+1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 2488 OF 2025 WITH CRIMINAL APPLICATION (APPP) NO. 2487 OF 2025 IN CRIMINAL APPLICATION (APL) NO.1509 OF 2025(D) Kailash Pritamdas Sarba Alias Kailash S/o Pritamdas Panaka Vs.

The State of Maharashtra through P.S.O., P.S. Hinganghat, Dist. Washim and another -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Ms B.C. Dhruv, Advocate for applicant Ms S.S. Dhote, APP for non-applicant/State CORAM :

URMILA JOSHI-PHALKE AND NANDESH S. DESHPANDE, JJ.

DATED : 26.11.2025 The Criminal Application (APL) No. 1509/2025 was disposed by this Court by judgment dated 06.11.2025, by quashing the First Information Report in question. The costs of Rs.20,000/- was imposed on the applicant, as also, the non-applicant No.2.

2.

The present Criminal applications seek modification of the said judgment, in as much as the imposition of costs is concerned.

3.

Learned Counsel for the applicant submitted that the annual income of the applicant is Rs.30,000/-. He has

(2) 909 appp 2488-2025+1 filed the income certificate in that regard and to support his contention. Even though there is no material filed on behalf of the non-applicant No.2, there is a statement made in the application on affidavit that the annual income of the nonapplicant is also to the same extent. 4.

In that view of the matter, the operative portion of clause (ii) of judgment dated 06.11.2025 is modified and the applicant and the non-applicant No.2 are directed to pay costs of Rs. 10,000/- each within two weeks from today and the compliance of the payment of costs be reported to this Court accordingly. Failure to deposit such costs within the aforesaid period would entail in recalling of the order. (NANDESH S. DESHPANDE, J.) (URMILA JOSHI-PHALKE, J.) Jayashree..