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Bombay High Court

MINAKSHI RATNESH VERMA ALIAS MINAKSHI ARJUNSING PARDESHIversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The court dismissed the application as the matter was already scheduled for hearing before the appellate court.

Summary

The applicant, Minakshi, filed a criminal application seeking a direction to the appellate court to decide an application pending due to the unavailability of the Presiding Officer. The applicant argued that the pending application had not been decided. The court examined the record and noted that notice had already been issued to the respondent and the matter was scheduled for hearing on 28 May 2026 before the appellate court. Since the procedural steps were already in motion, the judge declined to entertain the fresh application. Consequently, the criminal application was dismissed.

Issues considered

  • What procedural relief, if any, can be granted when a pending application before an appellate court remains undecided due to the Presiding Officer's unavailability?

Subjects

  • criminal application
  • procedural relief
  • appellate court
  • notice issued
  • application dismissed

Judgment

2026:BHC-AUG:21939
                                                                           11-CRIAPPLN-1926-26.odt
                                                   1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                           CRIMINAL APPLICATION NO.1926 OF 2026

          Minakshi W/o Ratnesh Verma @
          Minakshi D/o Arjunsing Pardeshi
          Age: 43 years, Occu.: Household,
          R/o. House No.2/1, Sant Dnyaneshwar Nagar,
          M-2, N-9, Hudco, Aurangabad.                                       … Applicant

                VERSUS

          1. The State of Maharashtra
             Through Police Inspector,
             Usmanpura Police Station, Aurangabad,
             Tq. & District Aurangabad

          2. Shree Narsimha Chit Fund Pvt. Ltd.,
             Through: Pravin Jagganath Gadekar,
             T-21/2, Software Technology Park of India,
             STPI, MIDC, Chikalthana, Aurangabad.
                                            ......
          Mr. Amol R. Gaikwad, Advocate for Applicant

                                                 ......

                                           CORAM          : SIDDHESHWAR S. THOMBRE, J.
                                                            [VACATION COURT]
                                           DATE           : 19 MAY, 2026
          PER COURT :

          1.      Heard the learned counsel for the Applicant.


          2.      By the present application, the applicant seeks a direction to the

          learned Appellate Court to decide the application filed by him. It is submitted

          that since the Presiding Officer is not available, the said application has not yet

          been decided.
                                                                   11-CRIAPPLN-1926-26.odt
                                          2

3.         Having heard the learned counsel for the applicant and upon perusal of

the record, it appears that notice has already been issued to the respondent and

the matter is posted on 28.05.2026 before the learned Appellate Court. In view

thereof, I am not inclined to entertain the present application.


4.         Accordingly, the Criminal Application stands dismissed.




                                               [ SIDDHESHWAR S. THOMBRE ]
                                                         JUDGE
S P Rane


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