The Senior Divisional Commercial ... vs The State Of Maharashtra And Others
2024 Latest Caselaw 22677 Bom

Bombay High Court

The Senior Divisional Commercial ... vs The State Of Maharashtra And Others on 5 August, 2024

2024:BHC-AUG:17015
                                                                           46-cwp-1222-2024.odt
                                                     (1)


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               CRIMINAL WRIT PETITION NO. 1222 OF 2024

                      The Senior Divisional Commercial Manager, Dr. J. Vijaya Krishna
                                                 VERSUS
                                  The State Of Maharashtra And Others
                                                     ...
                         Advocate for the Petitioner : Mr. Golegaonkar Madhur A.
                              APP for Respondent/State : Ms. V.S. Choudhari
                                                     ...
                                                     CORAM : S.G. MEHARE, J.

DATED : AUGUST 05, 2024

PER COURT:-

1. Heard learned counsel for the petitioner.

2. Issue notice to the respondents.

3. Learned APP waives service of notice for respondent

no.1/State.

4. It is the case of its kind wherein the petitioner has moved

a revision petition before the Sessions Court. The matter was listed for

final hearing. However, the counsel for the petitioner on panel

applied for adjournment. The Court rejected the application and

closed the matter for judgment. After passing the order of closing the

matter for judgment after ten days, the judgment was delivered

within ten days, no steps were taken by the petitioner. Now, the

petitioner is blaming the Court that the Court did not heard him and

passed an exparte order.

46-cwp-1222-2024.odt

5. Considering the facts of the case, it is difficult to accept

that in such a situation, the order of the learned Additional Sessions

Judge is exparte. It is the petitioner who did not avail the opportunity

to advance the argument though the case was closed for judgment

and ten days after the rejection of the application to advance the

argument. The Court is not at fault. The petitioner was at fault. The

petitioner cannot take the disadvantage of the situation. There is no

substance in the petition. Hence, the petition stands dismissed at the

admission stage.

(S.G. MEHARE, J.)

Mujaheed//