Nilesh Gowardhan Dammani v. Pawan Suresh Malviya Thr Power Of Attorney Holder, Suresh Govindram Malviya

2026:BHC-NAG:6723 Order 300426wp286.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 286 OF 2026.

Nilesh Gowardhandas Dammani -VERSUSPawan Suresh Malviya Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri S. Alaspurkar, Advocate for the Petitioner. CORAM : M.M. NERLIKAR, J.

DATE : APRIL 30, 2026.

Heard.

2.

By this petition the petitioner is seeking challenge to the order dated 16.12.2025 passed below Exh.76 in Summary Criminal Case No.4169/2018 by the Joint Judicial Magistrate, First Class, Amravati.

3.

The said application (Exh.76) was filed by the petitioner to examine one Dushyant Rajendra Soni. Accordingly witness summon was issued to him, however, a report was received by the Magistrate at Exh.75, stating that there is no such person by name Dushyant Rajendra Soni residing on the given address, therefore, the Rgd.

Order 300426wp286.26 Court below has observed that the accused has failed to secure presence of the witness and for said reason his application came to be rejected. It is thereafter further orders of closing the evidence of the accused came to be passed below Exh.1.

4.

From the record it appears that though the petitioner has filed an application Exh.76, however, the witness summons received with report that there is no person by said name residing on the given address, and therefore, no fault can be found with the impugned order. Considering the facts and circumstances, I do not find any perversity in the impugned order, the writ petition being devoid of any merits, is accordingly dismissed. JUDGE Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 30/04/2026 18:09:35 Rgd.