Sonu Deepak Shinde Alias Sonu Balu Mane vs Deepak Gangadhar Shinde And Ors on 19 January, 2022

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Bombay High Court

Sonu Deepak Shinde Alias Sonu Balu Mane vs Deepak Gangadhar Shinde And Ors on 19 January, 2022

Bench: Revati Mohite Dere

NISHA     Digitally signed by NISHA
          SANDEEP CHITNIS
SANDEEP   Date: 2022.01.20
CHITNIS   16:17:45 +0530


                                                                                           4-revn.539.2019.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL REVISION APPLICATION NO. 539 OF 2019

                          Sonu Deepak Shinde alias Sonu Balu Mane                  ...Applicant
                              Versus
                          Deepak Gangadhar Shinde and Anr.                         ...Respondents

                          Mr. Sachin S. Tigde, for the Applicant.

                          Ms. Anamika Malhotra, A.P.P for the Respondent No.2- State.


                                                          CORAM : REVATI MOHITE DERE, J.

DATE : 19th JANUARY 2022 (THROUGH VIDEO CONFERENCING) P.C. :

1. On 11th January 2022, the following order was passed by this Court in the aforesaid revision application : -

"1 Learned counsel for the applicant submits that there is urgency in the aforesaid application, inasmuch as, the maintenance awarded to the applicant by the trial Court is set-aside by the Sessions Court. He submits that the applicant and the two children are finding it extremely difficult to make two ends meet.

2 On 11 th December 2019, notice was issued to the respondent No. 1. Respondent No.1-Deepak Shinde was present in-person and sought time to engage an advocate to represent him in the revision application. Thereafter, the application was not listed nor did the applicant take any steps to get the application listed.

N. S. Chitnis 1/3

4-revn.539.2019.doc 3 Learned counsel for the applicant to re-serve the respondent No.1-Deepak Shinde and inform him of the next date along with the copy of today's order.

4 Stand over to 19th January 2022. To be listed at 2:30 p.m."

2. Pursuant to the said order, the learned counsel for the applicant attempted to re-serve the respondent No.1 - Deepak Shinde, informing him of today's date. Today, the learned counsel for the applicant submits that the applicant attempted to serve the respondent No.1, however, he fled from the spot and refused to accept service.

3. Hence, Issue fresh notice to respondent No.1 - Deepak Shinde, returnable on 1st February 2022. Hamdast permitted. In addition to the Court notice, applicant to again serve the said respondent, by private notice and file an affidavit of service before the next date.

4. Notice to indicate that an endeavour shall be made to dispose of the application finally, at the stage of admission.

5. Learned Counsel for the applicant submits that in addition to the address mentioned in the cause-title of the application, the applicant N. S. Chitnis 2/3 4-revn.539.2019.doc also intends to serve a copy of the notice issued today on the office address of the respondent No.1, who is a government servant. He, therefore, seeks leave to amend to incorporate the said address of the respondent No.1. Leave granted. Amendment to be carried out on or before 24 th January 2022.

6. Stand over to 1st February 2022.

REVATI MOHITE DERE, J.

N. S. Chitnis 3/3

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