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Bombay High Court

A.P. Kumar vs N.N. Wadobe And Anr on 4 April, 2019

Author: Mridula Bhatkar

Bench: Mridula Bhatkar

                                                                   p516-wp-1762-2019.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                           WRIT PETITION NO. 1762 OF 2019
Mr.A.P.Kumar                                               ...Petitioner

         Versus

Shri N.N.Wadode & Anr.                                     ...Respondents

                                -----
Mr.Aabad Ponda a/w. Mr.Satyavrat Joshi, Ms.Sonal More I/b.Vidhii
Partners for the Petitioner.
Mrs.Veera Shinde, APP for Respondent No.2-State.
                                               -----

                                           CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 04 APRIL 2019 P.C.:

1. Upon urgent mentioning, taken on production board.
2. In this petition, the order dated 13.12.2018 passed by the learned Additional Chief Metropolitan Magistrate, 60 th Court at Kurla, Mumbai, issuing process under sections 30 (1A), 30 (2)(a) (i) and 30(2)(a)(iii) of the Apprentices Act is challenged.
3. The learned Counsel for the petitioner relies on section 33 of the Apprentices Act. He submits that the cognizance should have been taken within six months from the date on which an offence alleged to have been Trupti 1/2 ::: Uploaded on - 05/04/2019 ::: Downloaded on - 06/04/2019 01:52:35 ::: p516-wp-1762-2019.doc committed. He further submits that the complaint is time barred. Hence, seeks urgent relief.
4. In view of above, issue notice to the respondents, returnable on 20.08.2019. Ad-interim relief in terms of prayer clause (b) is granted.
5. List Writ Petition on 20.08.2019 for admission.

(MRIDULA BHATKAR, J.) Trupti 2/2 ::: Uploaded on - 05/04/2019 ::: Downloaded on - 06/04/2019 01:52:35 :::