Dismissed

Surendra L. Gajbiye v. Union of India and 5 Ors.

Bombay HC25 Aug 2008WP/668/2007

Case brief

AI extract

What is this about?

This order permits the withdrawal of a writ petition allowing the petitioners liberty to approach appropriate forums. The court directs the return of a CBI report and mandates completion of investigation with a future right of hearing for the petitioners before the report is accepted or rejected by a magistrate.

What did the court decide?

Permitted to withdraw with liberty to exercise rights before appropriate forums; CBI report returned with direction to complete investigation.

Surendra L. Gajbiye Vs Union of India… — Constitutional and Fundamental Rights | Bombay HC (2008)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 ORDINARY ORIGINAL CIVIL JURISDICTION

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 WRIT PETITION NO.668 OF 2007

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 Mr.Surendra L.Gajbiye .. Petitioners

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Vs.

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 Union of India & Ors. .. Respondents

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 Mr.Kantilal Kanojia i/b Mr.Mukesh Subramaniam for
 the petitioners

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 Mr.R.A.Rodrigues for respondent nos.1

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 Mr.D.G.Dhanure i/b M/s.M.V.Kini and Co. for
 respondent nos.3

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 Mr.Vishwabhushan Kamble i/b M/s.RMG Law for
 respondent nos.5

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 CORAM : J.N.PATEL &
 K.K.TATED, JJ.

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DATED : 25TH AUGUST, 2008

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 P.C.:

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 1. Affidavit in reply filed by respondent no.3

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 is taken on record. Copies are furnished to the

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 other side.

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 2. The learned counsel for the petitioners
 submits that the petitioners may be permitted to

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 withdraw the petition with liberty to exercise

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 their rights relating to the subject matter of the
 petition as available to them under the law before
 the appropriate forum including Civil and Criminal
 courts.

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 3. Permitted to withdraw with liberty.

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 Dismissed as withdrawn.

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 4. In view of the fact that the petitioners
 have withdrawn the petition, the report filed by
 CBI be returned to them with a direction that they
 should complete the investigation and take it to
 his logical end by filing a complaint before the
 court of competent Jurisdiction. Needless to state
 that in such an event, the petitioners will have a
 right to be heard by the Magistrate before the
 report is accepted or rejected.

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 ( J.N. PATEL, J )

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 ( K.K. TATED, J )

Surendra L. Gajbiye v. Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

Surendra L. Gajbiye v. Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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