Anis Khan S/O Nisar Khan vs State Of Mah. Thr. Pso Ps ...
2022 Latest Caselaw 7652 Bom

                                                                                                   920-apl 470-22.odt
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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR.

                       CRIMINAL APPLICATION NO.470                                 OF        2022

                                              Anis Khan Nisar Khan
                                                      -Vs-
                                         State of Maharashtra and other

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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. G.S.Gaur, counsel for the applicant.

Mr. S.M.Ghodeswar,APP for respondent No.1.

                                                     CORAM : MANISH PITALE AND
                                                             G.A.SANAP, JJ
                                                     DATE            : 04.08.2022.

1. In this application, the office note shows that respondent No.2 (original informant) has been served. She has chosen not to appear before this Court.

2. Learned counsel for the applicant is pressing for hearing of the present application, pointing out to this Court that the proceedings before the Court below are likely to continue and despite pendency of the present application being brought to the notice of the said Court, there is every possibility that charge would be framed against the applicant.

3. It is also submitted on behalf of the applicant that the present case is covered in favour of the applicant as per the law laid down by the Hon'ble Supreme Court in various judgments including the judgment in the case of Pramod Suryabhan Pawar Vs. State of Maharashtra

Kavita 920-apl 470-22.odt

and anr. reported in AIR 2019 SC 4010.

4. In view of the above, we are of the opinion that one last chance can be granted to the respondent No.2 to appear before this Court by issuing fresh notice and in the meanwhile, interim stay of proceedings before the Sessions Court can be granted.

5. Accordingly, issue fresh notice to the respondent No.2, returnable on 06.09.2022.

6. Concerned Police Station to ensure that service is effected on respondent No.2.

7. In the meanwhile and till the next date of listing, there shall be stay of proceedings in Sessions Case No.41 of 2022 (State of Maharashtra Vs.Anis Khan) pending before the 9th District and Sessions Court, Nagpur.

                                       JUDGE                              JUDGE




Signed By:KAVITA PRAVIN
TAYADE
P. A.

Signing Date:05.08.2022 14:22


       Kavita