56-APL-305-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 305 OF 2024
Deep Shubhash Bhalodiya ...Applicant
Versus
Mansi Deep Bhalodiya ...Respondents.
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Adv.Samarth S. Krmarkar i/b Mr. Vivek S. Busa for the Applicant.
Adv. Brijesh K. Rathod a/w Jesika Kiran Rathod for Respondent No. 1.
Adv. Geeta Mulekar APP for the Respondent State.
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Coram : Sharmila U. Deshmukh, J.
Date : April 30, 2024.
P. C. :
1. Heard.
2. By this Petition the challenge is to the order dated 21st
February, 2024 passed by the Appellate Court dismissing the Appeal
for want of prosecution as the Applicant and his advocate were
absent
3. Learned counsel for the Applicant submits that the Applicant
and the advocate were not present on one date of hearing and
immediately thereafter the order dismissing the Appeal for non-
prosecution came to be passed. He would further submit that due to
the dismissal of the Application, distress warrant is issued for recovery
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56-APL-305-2024.doc
of amount of maintenance.
4. Per contra, learned counsel for the Respondent would submit
that as the arrears of maintenance were not paid, the distress warrant
has been rightly issued. The rojnama which is annexed to the Petition
is incomplete rojnama which does not clear the picture as to the
presence of the Applicant and his Advocate. It needs to be noted that
in the impugned order dismissing the Appeal for non prosecution, the
Appellate Court has noted that the Applicant and his Advocate is
continuously absent. There is no material which is annexed atleast at
this stage to disbelieve the said noting of the Appellate Court.
5. Learned counsel for the Applicant submits that the complete
copy of the rojnama will be annexed to show the presence of the
Applicant and his Advocate. Let the copy of the rojnama be tendered
on the next date of hearing. Let the copy of the Petition along with
the copy of the Application be served upon the learned counsel for
the Respondent.
6. Stand over to 2th May, 2024.
[Sharmila U. Deshmukh, J.]
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Signed by: Harish V. Chaudhari
Designation: PA To Honourable Judge
Date: 03/05/2024 11:10:48