Ajit Kama Shirsath vs State Of Maharashtra And Anr
2023 Latest Caselaw 10473 Bom

2023:BHC-AS:30222
                                                                      908. WP 563-2023.doc



      Anand                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 563 OF 2023

                    Ajit Kama Shirsath                                .Petitioner

                            Vs.

                    The State of Maharashtra & anr.                   .Respondents

                    Ms. Bhagyashri Gawas i/b. Mr. R. S. Dubey, Advocate, for the
                    Petitioner
                    Ms. Rimpal Trivedi a/w. Ms. Harshida Bhanushali, Advocate, for
                    Respondent No. 2

                               CORAM      :    MADHAV J. JAMDAR, J.

                               DATE       :    10.10.2023
                    P. C.

1. The challenge in the Writ Petition is to the order

dated 16.12.2022, by which learned Additional Sessions Judge,

City Civil and Sessions Court, Greater Bombay refused to grant

any ad-interim order in Cri. Appeal No. 628 of 2022. In the said

Cri. Appeal No. 628 of 2022, challenge is to the legality and

validity of the order dated 04.10.2022 passed by learned

Metropolitan Magistrate, 64th Court, Esplanade, Mumbai, by

which interim maintenance of Rs. 10,000/- was granted and Rs.

5,000/- was directed to be paid as interim amount towards

medical expenses.

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908. WP 563-2023.doc

2. Ms. Gawas, learned counsel appearing for the

Petitioner fairly states that said Cri. Appeal No. 628 of 2022 has

been fnally disposed of vide Judgment and Order dated

07.07.2023 passed by learned Additional Sessions Judge, City

Civil and Sessions Court, Greater Bombay and the said Cri.

Appeal No. 628 of 2022 was dismissed. She further states that

certain amount is deposited in this Court pursuant to the order

dated 13.02.2023.

3. Thus, nothing survives for consideration in the

present Petition, as it has become infructuous.

4. Respondent No. 2 - wife is permitted to withdraw the

amount which has been deposited in this Court after a period of

eight weeks. The above direction to withdraw the amount

granted in favour of Respondent No. 2 will be subject to further

orders that will be passed in a fresh Petition fled by the

Petitioner challenging the legality and validity of the order dated

07.07.2023 passed by learned Additional Sessions Judge, City

Civil and Sessions Court, Greater Bombay in Cri. Appeal No. 628

of 2022.

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5. It is clarifed that if no such Writ Petition is fled and

no interim order is passed in such Writ Petition within a period of

eight weeks then the amount deposited in this Court be paid to

Respondent No. 2 - wife along with accrued interest, if any.

6. The Writ Petition is disposed of in above terms with

no order as to costs.

(MADHAV J. JAMDAR, J.)

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Signed by: A.S.Sudame Designation: PA To Honourable Judge Date: 11/10/2023 19:42:28