Dismissed

Vijay Vikram Dande and Anr. v. Mukhtar Mahamud Shaikh and Ors.

Bombay HC9 Aug 2007WP/1303/2007

Case brief

AI extract

What is this about?

Petitioners requested quashing of non-bailable warrants upon appearing before the Investigating Officer within two weeks. The court accepted this undertaking and quashed the warrants only for petitioners appearing on time, noting no revocation if conditions failed but without issuing opinion on underlying issues.

What did the court decide?

Non-bailable warrants issued against petitioners quashed subject to condition of appearing before Investigating Officer within two weeks, with automatic revocation upon failure.

Vijay Vikram Dande and Anr. Vs Mukhtar Mahamud Shaikh and Ors. — Quashing and FIR | Bombay HC (2007)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CRIMINAL APPELLATE JURISDICTION
 WRIT PETITION NO.1303 OF 2007
 Mr.Vijay Vikram Dande
 and Anr. ..Petitioners

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Vs.

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 Mr.Mukhtar Mahamud Shaikh
 and Ors. ..Respondents

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 ...
 Mr.Amit Desai i/b M/s.Little and Co. for
 Petitioners
 Mr.Adik Shirodkar, Senior Counsel with
 Mr.S.P.Kadam Advocate for Respondent No.1
 Mr.M.S.Mhambre APP for Respondent No.2-State

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 CORAM: R.M.S.KHANDEPARKAR, AND
SMT.V.K.TAHILRAMANI, JJ.
 DATE : AUGUST 09, 2007

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P.C.:

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 1. Heard. The learned counsel appearing for the
 Petitioners on taking instructions, states that the
 Petitioner No.1 may be permitted to appear before
 the Investigating Officer within two weeks and on
 such request being accepted, the impugned warrants
 be quashed, whereupon the Petitioners would crave
 leave to withdraw the petition.

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 2. Upon hearing the learned APP and with his
 consent which has been expressed after taking
 necessary instruction from the Investigating
 Officer who is present in Court, we hereby accept
 the statement made on behalf of the Petitioners
 that Petitioner No.1 would appear before the
 Investigating Officer within two weeks and on
 acceptance of the said statement, non-bailable
 warrants issued against the Petitioners are hereby
 quashed. It is clarified that the quashing of
 warrants is restricted only to the Petitioners
 herein and is subject to the condition that the
 Petitioner No.1 shall appear before the
 Investigating Officer within two weeks from today.
 In case of failure on the part of the Petitioner
 No.1 to appear before the Investigating Officer
 within a period of two weeks, the order quashing
 warrants shall automatically get revoked and
 warrants shall get revived. It is further made
 clear that quashing of warrants will not affect the
 warrants issued against other persons in the
 matter. It is further made clear that in case the
 Investigating Agency requires the Petitioners or
 either of them to be arrested in the matter, they
 shall give 72 hours advance notice in writing to

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 the Petitioners or the Petitioner as the case may

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be.

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 3. In view of the above facts, the learned counsel

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 for the Petitioners craves leave to withdraw this
 petition in relation to other reliefs. The
 petition, is accordingly allowed to be withdrawn
 and stands disposed of accordingly. We make it

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 clear that we have not expressed any opinion on the

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 issues sought to be raised in this petition.

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

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

Vijay Vikram Dande and Anr. v. Mukhtar Mahamud Shaikh and Ors.

Case brief

What is this about?

What did the court decide?

Vijay Vikram Dande and Anr. v. Mukhtar Mahamud Shaikh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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