Dnyaneshwar S/O Pandurang ... vs State Of Maharashtra Thrgouh The ...
2017 Latest Caselaw 8862 Bom

 2011WP516.11-Judgment                                                                          1/3


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.


               CRIMINAL WRIT PETITION NO.  516   OF   2011


 PETITIONER :-                        Shri   Dnyaneshwar   S/o   Pandurang
                                      Umredkar,   Aged   about   49   yeras,   Occ:
                                      Private,   R/o   E-96,   Sujata   Nagar,   Housing
                                      Board Colony, Dist.: Nagpur. 

                                         ...VERSUS... 

 RESPONDENTS :-                  1. State   of   Maharashtra,   Through   the   Police
                                    Station   Officer,   Panchpawli   Police   Station,
                                    Nagpur. 
                                 2. Smt.   Sashikala   W/o   Dnyaneshwar
                                    Umredkar,   Aged   Major,   Occ:   Service,   R/o
                                    C/o Office of Commissioner of Income Tax-
                                    4,   Nagpur,   MECL   Building,   Civil   Lines,
                                    Nagpur.  


 ---------------------------------------------------------------------------------------------------
                     Mr. P. S. Tiwari, counsel for the petitioner.
                 Mr. A.R.Chutake, A.P. P. for the respondent No.1.
               Mr.Yogesh Nayyar, counsel for the respondent No.2.
 ---------------------------------------------------------------------------------------------------


                                        CORAM :  SMT.REVATI MOHITE DERE, J.

DATED : 20.11.2017

O R A L J U D G M E N T

Heard learned counsel for the parties.

2011WP516.11-Judgment 2/3

2. By this petition, the petitioner has impugned the order

dated 14/02/2011 passed by the learned Judicial Magistrate First Class,

Court No.5, Nagpur below Exhibit-12, by which the respondent-wife's

interim application for permitting access to the petitioner's house and to

the articles lying in the house, came to be allowed.

3. At the outset, learned counsel for the respondent-wife

submits, that the trial had come to a fag end and that arguments were

over and the matter was posted for judgment, when this Court passed

the interim order dated 07/02/2012 i.e. staying the order dated

14/02/2011. He submits that because of the stay order the learned

Magistrate could not pronounce the judgment in the case.

4. Considering the aforesaid, without going into the merits of

the order, dated 14/02/2011 passed by the learned Magistrate, it would

be appropriate to dispose of this petition, by directing the Trial Court to

proceed with the case and pass appropriate final order/judgment in the

said case. Since there is an interim order dated 07/02/2012, the same

is continued till the judgment is rendered in the said case.

5. It is made clear, that this Court has not considered the

impugned order dated 14/02/2011 on merits and as such, all

contentions of the parties are kept open.

2011WP516.11-Judgment 3/3

6. The learned Magistrate whilst finally deciding the case,

shall neither be influenced by the order dated 14/02/2011 nor the

interim stay granted by this Court on 07/02/2012.

7. Since the case is of the year 2010, the learned Magistrate

shall finally decide the case, as expeditiously as possible and in any

event, within two months from the date of receipt of this order.

8. Petition is disposed of in the aforesaid terms. There shall

be no order as to costs. Rule is discharged.

9. All parties to act upon the authenticate copy of this order.

JUDGE

KHUNTE