Vasantrao S/O. Haribhau Meshram vs Forest Development Of Mah. Thr. ...
2023 Latest Caselaw 2462 Bom

                                                   -1-                         6.WP.192.2023.odt



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

                 CRIMINAL WRIT PETITION NO. 192 OF 2023
                             Vasantrao S/o. Haribhau Meshram
                                            Vs.
                         Forest Development of Maharashtra & Anr.
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Office Notes, Office Memoranda of Coram,                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                       Mr. N.B. Kalwaghe, Advocate for the Petitioner.
                       Mr. S.A. Ashirgade, APP for the Respondents.

                                  CORAM : G. A. SANAP, J.

DATED : 14th MARCH, 2023.

Issue notice to the respondents.

2. Learned Additional Public Prosecutor waives service of notice on behalf of the respondents.

3. Reply be filed within two weeks.

4. Considering the nature of the order passed by the learned Sessions Judge, Bhandara dated 28th February, 2023, the matter would be required to be heard on merits. The learned Sessions Judge has held that though, the order passed by the Magistrate is correct, the permission to lead the secondary evidence can be granted.

5. In my view, considering the self-contradictory order passed by the learned Sessions Judge, Bhandara, it would be necessary, in the meantime, to stay the operation of the impugned judgment and order passed by the learned Sessions Judge, Bhandara, till the next date.

-2- 6.WP.192.2023.odt

6. Till the next date, the order passed by the learned Sessions Judge, Bhandara dated 28th February, 2023 in Criminal Revision No.07/2023 shall stand stayed.

7. Stand over after two weeks.

(G. A. SANAP, J.) Vijay

Digitally Signed By:VIJAY KUMAR Personal Assistant to Hon'ble JUDGE Signing Date:14.03.2023 19:09