FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.436 OF 2010 Ajay Shenvekar & Ors. Vs. Prashant Harishchandra Kumbhar _____________________________________________________________________________________ Office Notes, Office Memoranda of : Coram, appearances, Court s orders : ’ or directions and Registrar s’ : Court s or Judge s orders ’ ’ orders : _____________________________________________________________________________________ Mr.Prathamesh Gokhale for petitioner Mrs.S.V.Gajre, APP for State. CORAM : S.C. DHARMADHIKARI, J. DATED : 4th February 2010. PC :- 1. Mentioned not on board. The apprehension of the petitioner is that in pursuance of the earlier orders and particularly that of 29th January 2010, the learned Judge may issue necessary final orders and warrant in relation to the minor child. 2. From a perusal of the applications made and the orders passed, it is clear that the learned Judge has recorded the statements that the ward/ minor would be brought before the court. Further, there is also an application made by the petitioner on 22nd January 2010. 3. In these circumstances, the apprehension now expressed is not justified. If the petitioners appear before the concerned Magistrate, he would be obliged to go into all aspects of the matter, including considering the application dated 22nd January 2010 and pendency of substantive proceedings before the District Court. I have no doubt in my mind that the concerned Magistrate will not pass final orders without hearing parties and particularly considering the objections raised by the petitioner to hand over custody of the minor to the applicant first respondent before me – against whom the allegation of committing serious offences, punishable under Penal Code have been made. All contentions of both sides in that behalf are kept open. Learned Judge not to pass final orders unless the aforementioned objections and pleas are taken into consideration. Petition disposed of. (S.C.Dharmadhikari, J.)