Bombay High Court

ARCHANA @ SAKHUBAI AJINATH DEOKAR AND ANRversusSTATE OF MAHARASHTRA AND ANR

Disposal: Disposed Off

Holding

The Court allowed the amendment of the interim application, directed issuance of a fresh notice to Respondent No. 2, waived service to Respondent No. 1, and prescribed service through the concerned police station.

Summary

The applicants, Archana @ Sakhubai Ajinath Deokar and another, filed an interim application in Criminal Appeal No. 160 of 2026 against the State of Maharashtra and another. The Court granted leave to amend the application, ordered that a fresh notice be issued to Respondent No. 2 with a two‑week return period, and waived service of notice for Respondent No. 1 (the State). The Court further directed that Respondent No. 2 be served through the police station having jurisdiction over his residence. No substantive merits of the appeal were decided; the order dealt solely with procedural relief. The order was pronounced by Judges Sharmila U. Deshmukh and Neeraj P. Dhote.

Issues considered

Whether leave should be granted to amend the interim application
Whether a fresh notice can be issued to Respondent No. 2 and served through the local police station
Whether service of notice can be waived for Respondent No. 1 (the State)

Subjects

interim application
service of notice
amendment
criminal appeal
procedural order

Judgment

                                                                                         9-CRIA-2531-2025.doc



            Digitally signed
                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            by HARISH
HARISH
VITHAL
            VITHAL
            CHAUDHARI
                                                       CIRCUIT BENCH AT KOLHAPUR
CHAUDHARI   Date:
            2026.08.20
            20:03:08 +0530
                                                     CRIMINAL APPELLATE JURISDICTION

                                              CRI-INTERIM APPLICATION NO. 2531 OF 2025
                                                                  IN
                                                      CR. APPEAL NO. 160 OF 2026

                               Archana @ Sakhubai Ajinath Deokar And Another             ...Applicants.
                                       Versus
                               State Of Maharashtra And Another                          ...Respondents.

                                                                ——————
                               Mr. Yatin Malvankar (Through V. C.) for the Applicants.
                               Dr. A. A. Takalkar, APP for the Respondent-State.
                                                                ——————

                                                                   Coram :    Sharmila U. Deshmukh &
                                                                              Neeraj P. Dhote, JJ.
                                                                   Date     : August 20, 2026.
                               P. C. :

                               1.        Leave to amend the Application.

                               2.        Issue fresh notice to Respondent No.2, returnable after two (02)

                               weeks.

                               3.        Learned APP waives service of notice for Respondent No. 1-State.

                               4.        The Respondent No. 2 be served through the concern Police

                               Station within whose jurisdiction he resides.



                                [Neeraj P. Dhote, J.]                          [Sharmila U. Deshmukh, J.]




                               Harish                              1 of 1

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