ASHOK SHRAVAN PATKAR v. THE STATE OF MAHARASHTRA AND OTHERS
WP/436/2022 · 2025-09-30
Shri Sushil M Ghodeswar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12453 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12453 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
*1* 915crwp436o22+ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 436 OF 2022 AND CRIMINAL WRIT PETITION NO. 434 OF 2022 AND CRIMINAL WRIT PETITION NO. 438 OF 2022 AND CRIMINAL WRIT PETITION NO. 435 OF 2022 AND CRIMINAL WRIT PETITION NO. 437 OF 2022 ASHOK SHRAVAN PATKAR VERSUS THE STATE OF MAHARASHTRA AND OTHERS … Shri Mayure Pramod C., Advocate for the Petitioners. Shri Sunil B. Jadhav, APP for the Respondents/State. Shri Vakil Afzal Husain M., Advocate for Respondent No.2. ...
CORAM : SUSHIL M. GHODESWAR, J.
DATE : 30 September, 2025 P. C. :-
1. Since the common question arises in these petitions that learned Sessions Court, while condoning delay, has not considered the aspect of leave to file an appeal, all these petitions are taken up for hearing and are decided by this common order.
2. Learned advocate for the petitioner submits that learned Sessions Court ought to have initially decided the 2025:BHC-AUG:27443
*2* 915crwp436o22+ question of maintainability of appeal and also the issue of granting leave to file an appeal. He, therefore, seeks permission to file such applications before learned Sessions Court. According to him, these issues go to root of the matter. The appeal is filed by the brother of complainant.
3. Learned advocate for the contesting respondents opposes the prayer. However, he submits that if such liberty is granted to the petitioner, then such applications be decided within a particular time limit.
4. In view of the above, the petitioner shall prefer such applications within two weeks. Learned Sessions Court is
directed to decide the said issues of maintainability of appeal as well as grant of leave to file appeal, before deciding the appeal finally. Learned Sessions Court shall decide these applications within one month from the date of their filing.
5. All Criminal Writ Petitions are, accordingly,
disposed of. Pending criminal application, if any, shall also stand
disposed of. kps ( SUSHIL M. GHODESWAR, J. )