The High Court of Judicature at Bombay dismissed a criminal writ petition impugning an order issuing process, directing the petitioner to file a revision before the Sessions Court and staying the trial for two weeks.
Petition dismissed with liberty to file revision before Sessions Court; trial stayed for 2 weeks.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE
CRIMINAL WRIT PETITION NO.649 OF 2006
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Office Notes, Office
Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s
orders or directions and
Registrar’s orders
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Mr.Abhinandan B.Vagyani for the
petitioner.
Mr.S.S.Tatkare APP for the State.
Coram : R.S.Mohite,J
Date : 17.4.2006.
PC
1. This is a petition impugning
an order issuing process. The
proper remedy is to file a
revision before the Sessions
Court. With liberty to file a
revision before the Sessions
Court, petition is dismissed.
The trial not to proceed for a
period of 2 weeks. It is made
clear that if any application
for condonation of delay is
made, the same may be decided on
its own merits, howver, after
taking into account the period
of pendency of this petition in
this Court.
(R.S.Mohite,J)
2 issues framed by the court
Whether a petition impugning an order issuing process should be dismissed with liberty to file revision before the Sessions Court.
Whether the trial should be stayed for a period of two weeks.
Petitioner
State
R.S.Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court