Zakiulla Nabban Siddiqui And Anr vs The State Of Maharashtra And Ors
2017 Latest Caselaw 6222 Bom

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                                                 Wednesday, 16.8.2017


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

              CRIMINAL APPELLATE JURISDICTION

                   WRIT PETITION NO. 2534 OF 2017



Zakiulla Nabban Siddiqui and anr.                           ....Petitioners
     V/s.
State of Maharashtra & anr.                                 ....Respondents


                                     *****

Mr. Altaf Khan i/by. Ms. Anjali Awasthi, Advocate for the
petitioners.

Mr. V.B. Kondedeshmukh, Additional Public Prosecutor
for the State, respondent no.1.

Mr. Ashif Husain, Advocate for respondent no.2.


                 CORAM :-            R.M. SAVANT &

                                     SANDEEP K. SHINDE, JJ.

                 DATE :-             16TH AUGUST,          2017.




P.C. :-

1.               The       passing   of    the    order       quashing           the

complaint by consent would have to wait in view of the

fact that accused no.1, who is arrayed as respondent no.4

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is not present before this Court. The complainant i.e.

respondent no.3 is personally present in the Court. The

complainant, has filed her Affidavit which is annexed to

the above petition as Exhibit-H. In para-2 of the said

Affidavit, she has stated that she does not want to

prosecute the abovenamed FIR i.e. FIR No. 156 of 2012

dated 12th December, 2012 registered with Jogeshwari

Police Station. She has also filed an additional affidavit

dated 7th August, 2017 which is tendered across the bar

by the Learned Counsel, Aashif Husain. The complainant,

Ashaf Deoulkar is personally present in Court. She is

identified by the Learned Counsel, Ashif Husain. She is

also identified by her Aadhar Card bearing No. 3891 2967

5221. When put in the box and queried, she states that

she is a Teacher working in the CAT Center. She states

that, she filed the said Affidavit which is at Exhibit-H to

the above petition, which is sworn before the Notary

Public, Ramesh Chandra Tiwari and bears the Notarial

Register No. 7273/2017. She also accepts that, the

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additional Affidavit dated 7th August, 2017 is also hers.

The said Affidavit is sworn before the Notary Public,

Brajesh Yadav and bears Notarial Register No.

7422/2017. In view of the aforesaid, her presence is

exempted on the date when final orders are passed by this

Court in the above petition, if she is not in a position to

remain present on the said day.

2. The Learned Counsel for the petitioner to serve

private advocate's notice on the respondent no.4 and file

an affidavit of service, after service is effected. For the

present, adjourned to 31st August, 2017, to be placed on

the supplementary board.

(SANDEEP K. SHINDE, J) (R.M. SAVANT, J)