Partly allowed

Kishor Modi Yadav v. the State of Maharashtra

Bombay HC3 Jan 2007WP/2828/2006

Case brief

AI extract

What is this about?

In this criminal writ petition, the High Court quashed the order rejecting the petitioner's application for stay of an externment order. The Court directed the Appellate Authority to rehear the stay application afresh, noting the Appellate Authority must consider the Shamkumar Arjun Dalvi judgment within ten days.

What did the court decide?

Order dated 22nd December 2006 quashed; stay application reheard afresh by Appellate Authority within ten days.

Kishor Modi Yadav Vs the State of Maharashtra — Quashing and FIR | Bombay HC (2007)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2828 OF 2006

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 Kishor Modi Yadav...Petitioner

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vs.

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The State of Maharashtra

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...Respondent

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Ms Shraddha Mohite for the Petitioner

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 Ms Geeta Mulekar,A.P.P. for State

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CORAM: A.S.OKA,VACATION JUDGE.
DATE : JANUARY 3,2007.

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P.C.:

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 1. Rule. Learned A.P.P. waives service for State. By

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 consent, taken up for hearing forthwith.

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 2. An order of externment under the Bombay Police Act, 1951
 has been passed against the Petitioner. The Petitioner
 preferred a statutory Appeal before the Appellate Authority
 for challenging the said order. The Petitioner applied for
 stay of operation of the order of externment. By order dated
 22nd December 2006, the Appellate Authority rejected the
 Application for stay.

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 3. The learned Advocate for the Petitioner pointed out that

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 the Application for stay has been rejected by observing that
 the offences registered against the present Petitioner are of
 very serious nature. She pointed out that the offences
 registered against the Petitioner are under section 110 of the
 Bombay Police Act,1951. She, therefore, submitted that the
 ground on which the Application for stay has been rejected is

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a non existing ground.

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 4. Faced with this submission, the learned A.P.P. states
 that the error is committed obviously because the stay
 Applications in a group of Appeals were decided together. The
 learned A.P.P., therefore, submitted that the Application for
 stay may be directed to be heard afresh.

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5. Hence, I pass the following order :

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 i) The order dated 22nd December 2006 passed by the Appellate
 Authority is quashed and set aside.

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 ii) The Appellate Authority will decide the Application for
 stay made by the Petitioner afresh in accordance with law.
 The Appellate Authority is bound to take a note of the
 decision of this Court in case of Shamkumar Arjun Dalvi Vs.
 State of Maharashtra [1988 (1) Bombay Cases Reporter page
 131). The Appellate Authority will pass a fresh order within
 a period of ten days from the date of production of an
 authenticated copy of this order.

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 iii) All contentions of the parties are kept open.

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 iv) Rule is made partly absolute in above terms.

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JUDGE

Kishor Modi Yadav v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Kishor Modi Yadav v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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