Brijmohan Kalurama Kanojiya vs The State Of Maharashtra
2022 Latest Caselaw 12523 Bom

                                                                             5-apl516-2021.doc


                      AGK

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                 CRIMINAL APPLICATION NO.516 OF 2021


         Digitally
         signed by
         ATUL
                      Brijmohan Kalurama Kanojiya                   ... Applicant
ATUL
GANESH
         GANESH
         KULKARNI
KULKARNI Date:
         2022.12.03
                                 V/s.
                      The State of Maharashtra & Anr.               ... Respondents
         10:20:28
         +0530




                      Ms. Mallika Ingale i/by Mr. N.M. Nadar for the
                      applicant.
                      Mr. A.D. Kamkhedkar,        APP   for   the    respondent
                      no.1/State.



                                                  CORAM : AMIT BORKAR, J.

                                                  DATED       : DECEMBER 2, 2022
                      P.C.:

1. On perusal of the order and the material on record, it appears that on the date of filing of the criminal application under section 145 of the Criminal Procedure Code, the substantive suit filed by the father of the respondent no.2 was pending in the Civil Court, wherein an application for interim relief was rejected.

2. In that view of the matter, the criminal application under section 145 of the Criminal Procedure Code was prima facie not maintainable. Sustenance the said preposition can be drawn by the judgment of the Apex Court in Mahant Ram Saran Dass v. Harish Mohan reported in (2001) 10 SCC 758.

5-apl516-2021.doc

3. In that view of the matter, the applicant has made out a case for grant of interim relief.

4. There shall be ad-interim relief in terms of prayer clause (c) operative till 1st February 2023.

5. Stand over to 25th January 2023.

(AMIT BORKAR, J.)