XYZ IN CRIME NO 189/2016 REG WITH PS BHANDARA v. STATE OF MAHARASHTRA THR PSO, PS BHANDARA
WP/944/2025 · 2025-11-19
Shri M M Nerlikar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73641 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73641 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 27-Cr.WP-944-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 944 OF 2025 XYZ, victim in Crime No.189/2016 -- VERSUS -- State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. A.M. Chandekar, Advocate for the Petitioner. Mr. G.S. Umale, A.P.P. for the Respondent/State.
CORAM :
M.M. NERLIKAR, J.
DATE :
NOVEMBER 19, 2025.
Heard the learned counsel for both the parties.
2.
It appears that on 03/11/2025, the learned Additional Sessions Judge, Bhandara, issued a non-bailable warrant against the petitioner for breach of undertaking. Thereafter, the petitioner filed an application for cancellation of the warrant, which was also rejected. The petitioner is the victim in a rape case.
3.
It is submitted by the learned counsel for the petitioner that the examination-in-chief of the victim is completed and the matter is now posted for her cross-examination, and the husband of the victim 2025:BHC-NAG:12464
2 27-Cr.WP-944-2025 is yet to be examined. On the assurance of the
learned counsel for the petitioner that the petitioner / victim shall appear before the Court through video conferencing on 24/11/2025, and the husband of the victim shall also remain present before the Court for his examination-in-chief and cross-examination physically on this assurance, the present petition can be disposed of.
4.
The orders dated 03/11/2025 and 05/11/2025 passed below Exh. 224 and Exh. 226 by the learned Additional Sessions Judge, Bhandara, in Sessions Trial No. 10/2017 are hereby quashed and set aside. In case the petitioner fails to appear before the Trial Court, either in person or through video conferencing, it is made clear that the Trial Court is at liberty to pass appropriate orders. With these observations, the petition stands disposed of.
[ M.M. NERLIKAR, J ] Piyush Mahajan