Shyamkant S/O Ramrao Patil vs Bhikanrao S/O Shamrao Bibne And ...
2022 Latest Caselaw 2192 Bom

                                                                                                                                                        32criwp91.22.odt
                                                                                           1


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

                       CRIMINAL WRIT PETITION NO. 91 OF 2022
             Shyamkant Ramrao Patil..Versus...Bhikanrao Shamrao Bibne and anr
 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- -
Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ -
                                            Mr.A.J.Thakkar, Advocate for the petitioner
                                            Ms. Shamsi Haider, APP for respondent/State



                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 03/03/2022

1] At the outset, learned counsel for the petitioner seek leave to amend the application by inserting prayer clause (iv-a) seeking a relief of an interim stay of further proceedings in Reg. Cri. Case No. 37/2011 during the pendency of the petition.

2] Leave is granted. Amendment be carried out forthwith.

3] Learned counsel for the petitioner by inviting my attention to the complaint bearing Cri. Case No. 37/2011 submits that after directing investigation and appreciation of the report, the learned Magistrate by order dated 21.2.2017 was pleased to dismiss the complaint against the accused no.1 and issued process against accused no.2/petitioner. The said order came to be challenged by filing revision under 32criwp91.22.odt

Section 397 of Cr.P.C. before the learned Sessions Court, who by the judgment dated 6.1.2022 refused to entertain the revision filed by the petitioner on the ground that it was not maintainable (para 32, page 67), though the revision filed against the refusal of the learned JMFC to issue process against the accused no.1 was entertained.

4] Issue notice to the respondents, retunable on 21.3.2022.

5] Learned APP waives service of notice for Respondent No.2.

6] Till the returnable date, there shall be an interim stay in terms of prayer clause (iv-a).

JUDGE Rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:03.03.2022 17:37