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Judgments of Supreme Court of India and High Courts

Ankit S/O. Rajendra Gupta And … vs Smt. Neha W/O. Ankit Gupta on 4 March, 2019

1 appln57.18

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

CRIMINAL APPLICATION (APPLN) NO. 57/2018

Ankit S/o Rajendra Gupta ors.
..VS..
Smt. Neha W/o Ankit Gupta
———————————————————————————————-
Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s orders of directions
and Registrar’s orders
———————————————————————————————-
Shri J.M. Gandhi, Advocate for the applicant(s)
Shri R.G. Kavimandan, Advocate for the non-applicant

CORAM : Z.A.HAQ, J.

DATED : 04/03/2019

By this application under Section 407 of the Code
of Criminal Procedure, the applicants have prayed that the
proceedings of M.C.A. No. 16/2017 filed by the non-applicant
in the Court of J.M.F.C., Bhokardan, District Jalna be
transferred to the Court of J.M.F.C at Bhandara or at Tumsar.
According to the applicants, complaint of the non-applicant is
about the incident which allegedly took place at Tumsar. It is
pointed out that the non-applicant has filed a complaint
against the applicants on the basis of which FIR is registered
against the applicants by Police Station, Paradh, District Jalna
for the offences punishable under Sections 498A of the Indian
Penal Code, that the applicants have filed Criminal Writ
Petition No. 1112/2017 before this Court praying that FIR
registered against the applicants be quashed and in that
criminal writ petition, an objection was raised that the writ
petition would not lie before the Nagpur Bench. It is admitted
by the advocates appearing for the respective parties that
Criminal Writ Petition No. 1112/2017 is pending and by the

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2 appln57.18

order dated 23/11/2017, the Division Bench has granted
interim order also.

Considering the facts of the case, the following
order is passed:-

RULE.

Shri R.G. Kavimandan, Advocate waives notice for
the non-applicant.

Interim order granted by this Court on
03/12/2018 shall continue until further orders.

The parties will be at liberty to circulate this
application after decision of Criminal Writ Petition
No. 1112/2017.

JUDGE
Ansari

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