In a disposition exercise, the High Court held that since the main Criminal Application (No. 3807 of 2016) where interim relief was sought has been finally decided, there is no need to pass any order on the present application seeking recall of the vacating order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2209 OF 2017
IN
CRIMINAL APPLICATION NO.3807 OF 2016
1) Ravindra s/o Bhimrao Khillare,Age-36 years, Occu:Labour, |
|---|
2) Seema w/o Ravindra Khillare,Age-30 years, Occu:Household, |
3) Deepak s/o Bhimrao Khillare,Age-28 years, Occu:Labour, |
4) Kalpana w/o Deepak Khillare,Age-23 years, Occu:Household, |
All R/o- Bagsher Jung,Near Rama Nagar, Darga Road,Kranti Chowk, Aurangabad,Dist-Aurangabad....APPLICANTSVERSUS |
1) The State of Maharashtra,Through Police Station,Osmanpura, Aurangabad,Dist-Aurangabad, |
2) Jilabai w/o Atmaram Ingale,Age-60 years, Occu:Household,R/o-Galli No.2, Rama Nagar,Osmanpura, Aurangabad....RESPONDENTS |
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...
Mr.S.J. Salunke Advocate for Applicants.
Mr.P.G. Borade, A.P.P. for Respondent No.1.
Mr.S.G. Ladda Advocate for Respondent No.2.
...
CORAM: S.S. SHINDE AND
K.K. SONAWANE, JJ.
DATE : 6TH JUNE, 2017
ORDER :
1.By filing this Application, the
Applicants have prayed that the order passed by
this Court in Criminal Application No.3807 of 2016
on 21st April, 2017 of vacating the interim relief
granted earlier, may be set aside/ recalled. It is
further prayed that interim relief granted by this
Court in Criminal Application No.3807 of 2016
dated 14th July, 2016, may be continued till the
final disposal of Criminal Application No.3807 of
2016.
2. Learned counsel appearing for the
Applicants submitted that on 21st April, 2017,
Criminal Application No.3807 of 2016 was on board
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for admission purpose. Learned counsel further
submitted that the Criminal Application was called
out twice however he was engaged in another matter
and hence could not attend the matter. It is
further submitted that on 21st April, 2017 the Bar
Council decided not to conduct any work by
Advocates in afternoon session. On 21st April,
2017, in morning session, this Court was pleased
to vacate the interim relief granted earlier by
this Court and directed to post the matter on 8th
June, 2017. It is submitted that non-attending of
the matter on 21st April, 2017 was without any
intention and due to reasons stated above.
Therefore, learned counsel submitted that the
Application may be allowed.
3.Learned A.P.P. appearing for State and
learned counsel appearing for Respondent No.2
vehemently opposed the Application. It is
submitted that on 21st April, 2017 the matter was
on Board and it was called out twice however
learned counsel appearing for the Applicants did
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not turn up to attend the matter. Therefore, they
prayed that the Application may be rejected.
4.Since the main Criminal Application
No. 3807 of 2016 itself is finally decided, there
is no need to pass any order on the present
application. Hence this application stands
disposed of.
[K.K. SONAWANE, J.] [S.S. SHINDE, J.]
sga/
Ravindra Khillare
Seema Khillare
Deepak Khillare
Kalpana Khillare
The State of Maharashtra
Jilabai Ingale
K. K. Sonawane
S. S. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court