A single judge dismissed an application seeking recall of a prior order regarding warrant issuance. The court declined recall as no warrant was issued and no prejudice occurred.
Order dated 16.3.2006 never recalled as no warrant issued. Case closed with case closure.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.288 OF 2006 IN APPEAL 1090/2003
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Office notes, office Memoranda Court’s or Judge’s orders.
of Coram, appearance, Court’s
orders or directions and
Registrar’s orders.
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Mr.S.K. Dudey for the Applicant.
CORAM : R.S. MOHITE,J.
DATED : 3/4/2006.
P.C.
1. Office has pointed out the order of
(J.G.Chitre, J.) dated 20.9.2003
regarding issuance of warrants in
several criminal applications, does not
include Criminal Appeal No.1090/2003
which is the subject matter of prayer
clause (b). The Advocate for the
applicant states that due to
inadvertence this application was filed
under the belief that warrant was
issued in Criminal Appeal No.1090/2003
and prayer for recall of the said order
was made. He further states that the
application was filed under a bonafide
mistake. He prays for recall of my
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order dated 16.3.2006. In my view, if
there is no warrant, no prejudice will
be caused to the applicant. In the
circumstances, it is not necessary to
recall my order dated 16.3.2006. Apart
from this clarification, no further
order is passed. If there is a warrant
against the applicant in any other
case, it may be executed.
(R. S. MOHITE, J.)
1 issue framed by the court
Whether an order dating 16.3.2006 requires recall where no warrant was actually issued in Criminal Appeal No.1090/2003.
Applicant
State through Special Public Prosecutor
R.S. Mohite
As recorded by the court registry
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