The High Court disposed of a criminal revision application for foreign visit and medical treatment, directing the trial court to promptly consider the identical pending application filed earlier by the applicant.
Direction to the trial court to consider the pending application filed on 27th August 2007 within a period of 2 weeks.
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.
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 325 OF 2009
IN
CRIMINAL REVISION APPLICATION NO. 664 OF 2008
[ STEFAN MULLER V/S.(1)THE STATE OF MAHARASHTRA & ORS.]
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Office Notes, Office Memoranda of :
Coram, appearances, Court’s orders :
or directions and Registrar’s : Court’s or Judge’s orders
orders :
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Mr.K.M.Irani i/by.Mr.A.A.Kocharekar,adv.
For applicant.
Mr.Y.S.Shinde, APP for State-respondents.
CORAM : SMT. R.P. SONDURBALDOTA, J.
DATED : 20TH AUGUST, 2009.
PC :-
1. During the course of hearing of this
Criminal Revision Application filed by the
applicant for permission to visit his
country to meet his mother, as well as, for
his own treatment, it was found that the
applicant has already filed an application
for similar relief before the trial court.
The application being Exhibit-30 was filed
on 27th August, 2007. That application is
still pending.
2. Mr.Irani, submits that the application
could not be taken up for hearing before
the trial court because of the order of
stay of the proceedings in Criminal
Revision Application No.664 of 2008 filed
by the State challenging the order of
discharge of some co-accused in the matter.
3. Since the application for identical
reliefs is pending before the trial court,
the present revision application is
disposed off with a direction that the
trial court shall consider the application
at Exhibit-30 dated 27th August, 2007 within
a period of 2 weeks from today. Hearing of
this Misc.Application will not affect the
order of stay of the proceedings as it does
not touch actual trial of the case. Both
the advocates state that the proceedings
are on the board before the trial court
tomorrow i.e. on 21st August, 2009. The
parties to appear before the trial court
for hearing of the application at
Exhibit-30.
1 issue framed by the court
Whether the present criminal revision application for permission to visit the country for treatment should be disposed of given the pendency of the identical application before the trial court.
Stefan Muller
The State of Maharashtra
R.P. Sondurbalda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court