Dismissed

Anwar Ali Javed Ali Khan v. the State of Maharashtra

Bombay HC1 Oct 2007WP/1055/2006

Case brief

AI extract

What is this about?

In a Writ Petition regarding a POTA special case already stayed by the Apex Court, the Bombay High Court dismissed the petitioner's prayer for a stay on framing of charges. With no other relief sought, the petition was dismissed with a liberty to adopt appropriate action.

What did the court decide?

Petition dismissed with liberty to adopt appropriate action and no order as to costs.

Anwar Ali Javed Ali Khan Vs the State of Maharashtra — Writ and Judicial Review | Bombay HC (2007)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE JURISDICTION
 WRIT PETITION NO.1055 OF 2006

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 Anwar Ali Javed Ali Khan ..Petitioner
 Vs.
 State of Maharashtra ..Respondent

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 None appears for Petitioner
 Mrs.A.S.Pai APP for State

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 CORAM: R.M.S.KHANDEPARKAR, AND
SMT.V.K.TAHILRAMANI, JJ.
 DATE : OCTOBER 01, 2007

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P.C.:

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 1. None present for the Petitioner. Mrs.A.S.
 Pai, APP is present for the Respondent.

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 2. Heard. Perused the records. The learned APP

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 has placed before us for our perusal copy of the
 order passed by the Apex Court on 18th October,
 2005 in Criminal Petition Nos. 10943 of 2005 to
 10945 of 2005 in Special Leave Petition (Criminal)
 Nos. 5170 to 5172 of 2005. In terms of the said
 order, the proceedings in POTA Special Case No.2 of
 2003 already stand stayed. It was also informed on
 behalf of the Respondent that the matter before the
 Apex Court is fixed in November 2007 for hearing.

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 3. By the present petition, the Petitioner is

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 merely asking for stay for framing of charges in
 POTA Special Case No.2 of 2003. Once it is
 apparent that the Apex Court stayed the proceeding,
 the question of framing of charge by the concerned
 Court, does not arise. Viewed from this angle,
 there is no question of granting any relief in the
 matter and as no other relief is asked for in the
 matter, petition is liable to be dismissed.

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 4. It has also been brought to our notice that the
 Petitioner had earlier filed another Writ Petition
 No.716 of 2005 which was disposed of by this Court
 on 6th October, 2005. In the said application also
 the Petitioner had prayed for stay for framing the
 charges and the said relief was refused.

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 5. In the result thereof considering the
 circumstances disclosed to the Court, the petition
 is dismissed with liberty to the Petitioner to
 adopt appropriate action, if so desired, and in
 case need arises in the matter, with no order as to
 costs.

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 [R.M.S.KHANDEPARKAR, J.]

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 [SMT.V.K.TAHILRAMANI,J.]

Anwar Ali Javed Ali Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Anwar Ali Javed Ali Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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