In this criminal writ petition, the petitioner sought a stay on framing of charges in a POTA Special Case. The Court dismissed the petition as the Supreme Court had already stayed the underlying proceedings, rendering the stay relatable moot.
Petition dismissed with liberty to adopt appropriate action if so desired and no orders as to costs.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION No. 1703 OF 2006
Adnan Bilal Mulla
. . . . Petitioner
Vs.
The State of Maharashtra . . . Respondent
Mr. D. S. Mhaisapurkar, APP for the State.
CORAM : R.M.S. KHANDEPARKAR AND Mrs. V.K. TAHILRAMANI, JJ.
DATE : SEPTEMBER 12, 2007.
P.C.
. None present for the petitioner. Mr.
D. S. Mhaisapurkar, APP present for the
respondent.
| learned | APP | has | placed before us for |
our |
|---|---|---|---|---|
| perusal | copy | of the |
order passed by the |
Apex |
| Court | on | 18th Oc |
tober 2005 in |
Criminal |
| Petition | No. | 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 | proceed | ings 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.
| 3. | By | the | pr | esent | pe | tition, | the | |
|---|---|---|---|---|---|---|---|---|
| petitioner | is | merely | aski | ng | for | stay | for | |
| framing | of charges |
in |
POTA | Special | Case | No. | 2 | |
| of | 2003. | Once | it is |
apparent | that | the | Apex | |
| Court | stayed | the | proceedin | g, the |
que |
stion | of | |
| framing | of c |
harge | by t |
he con |
cerned | Cou | rt | does |
| not | arise. | Viewed | from | this | angle, | there | is | |
| no | question | of | granting | any | relief | in | the | |
| matter, | and as |
no | other r |
elief i |
s ask |
ed | fo | r in |
the matter, petition is liable to be
dismissed.
| 4. | It | has also b | een brought to | our notice | |||
|---|---|---|---|---|---|---|---|
| that | the | petitione | r 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.
In the result thereof considering the
| circumstances | disc | losed | to | the | Court, | the | ||
|---|---|---|---|---|---|---|---|---|
| petition | is | dismissed, | with | liberty | to | the | ||
| petitioner | to | adopt | appropr | iate | action, | if | so |
desired, and in case need arises in the
matter, with no orders as to costs.
[ R.M.S. KHANDEPARKAR, J.]
[Smt. V. K. TAHILRAMANI,J.]
1 issue framed by the court
Whether a stay on framing of charges is applicable when the Supreme Court has already stayed the proceedings of the POTA Special Case.
Colour shows how this judgement treated each authority
Special Leave Petition (Criminal) Nos. 5170 to 5172 of 2005Referred¶2
Adnan Bilal Mulla
The State of Maharashtra
R.M.S. KHANDEPARKAR
V.K. TAHILRAMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
