Suresh Anant Khatav And Ors vs State Of Maharashtra And Anr
2023 Latest Caselaw 714 Bom

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                                                               905.APPW.402.2016 (F).doc




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION

            CRIMINAL APPLICATION NO. 402 OF 2016
                             IN
               WRIT PETITION NO. 4148 OF 2014

Suresh Anant Khatav & Ors.                ...Applicants/Petitioners
     v/s.
State of Maharashtra & Anr.               ... Respondents

Adv. Rohan Nahar a/w. Adv. Lokesh Zade & Adv. Adwait Bhonde for applicants/petitioners.

Smt. M. M. Deshmukh, APP for the respondent-state.

CORAM : NITIN W. SAMBRE & R. N. LADDHA, JJ

DATED : 19th JANUARY, 2023 P.C.:

1. The petitioners are accused in C. R. No. 172 of 2004 for the

offence punishable u/s. 498A, 420, 406 r/w. 34 of IPC.

2. After the investigation charge-sheet appears to have been

submitted in the said offence resulting into registration of CC No.

181/PW/2005 on the file of Metropolitan Magistrate, 26 th Court,

Borivali, Mumbai.

3. Accused No. 4-Vaishali who has attended the Trial came to be

acquitted vide judgment dated 06/02/2012 whereas the

petitioners are shown to be absconding as they are residing in

foreign country (Australia). It appears that the Trial against the

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petitioners came to be split u/s. 299 of Cr.P.C. as they were not

available to face the Trial and as sequel of which, the petitioners

were proceeded independently.

4. For the none appearance of the petitioners, non-bailable

warrant came to be issued against the petitioners. The said

warrant since was to be executed against the petitioners who are

residing in Australia, execution of the same was processed

through CBI and then through Interpol thereby issuing red corner

notice.

5. The petitioners have sought quashing of aforesaid criminal

case including that of issuance of non-bailable warrant/red corner

notice.

6. It is the case of learned counsel for the petitioners that in the

intervening period i.e. after the criminal case was initiated, and

interim protection ordered by this Court in 2016, the petitioners

visited the Court where the prosecution is pending so as to make

their appearance. However, no proceedings are informed to have

been pending against the petitioners particularly the aforesaid

criminal case.

7. In the wake of aforesaid submissions made by learned

counsel for the petitioners, we deem it appropriate to call for R&P

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905.APPW.402.2016 (F).doc

of the C. C. No. 181/PW/2005 pending on the file of Metropolitan

Magistrate (at relevant time at 26th Court, Borivali, Mumbai) in

which red corner notice is issued against the petitioners.

8. Let the aforesaid proceedings be placed before this Court on

25/01/2023.

9. Stand over to 25/01/2023.

                                   (R. N. LADDHA, J)                   (NITIN W. SAMBRE, J.)
          Digitally signed
          by ANANT
ANANT     KRISHNA NAIK
KRISHNA   Date:
          2023.01.19
NAIK      14:42:53
          +0530




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