Dismissed

Devendra S. Doctor v. the State of Maharashtra and Ors.

Bombay HC12 Nov 2009APPW/370/2009

Case brief

AI extract

What is this about?

This single-judge court dismissed an application by the applicant party-in-person seeking a certificate for leave to appeal to the Supreme Court and initiating contempt proceedings against respondents for alleged breaches of court orders.

What did the court decide?

Application rejected with no case to entertain the prayers for certificate to appeal or contempt proceedings.

Devendra S. Doctor Vs the State of… — Constitutional and Fundamental Rights | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 370 OF 2009 IN CRIMINAL APPLICATION NO. 342 OF 2009 IN CRIMINAL APPLICATION NO. 99 OF 2009 IN CRIMINAL WRIT PETITION NO. 2225 OF 2007

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Devendra S. Doctor

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Vs.

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The State of Maharashtra and ors. .. Respondents

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Mr. Devendra S. Doctor, applicant party-in-person, present.

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CORAM: B.H.MARLAPALLE & R.Y. GANOO, JJ.

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November 12, 2009.

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P.C.

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We have heard Mr. Doctor, party-in-person and the applicant.

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The Applicant prays to grant certificate for leave to appeal to the Supreme Court and in the alternative to initiate contempt proceedings under the Contempt of Courts Act, 1971 against the respondent nos.2, 5, 6 and 7 on the ground of alleged breach of the orders passed by this court on 3/7/2008, 13/10/2008, 23/10/2008, 16/1/2009 and 6/2/2009. There is yet another alternative prayer set out by the applicant to initiate contempt proceedings against the respondent no.7 for committing deliberate

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and willful breach of the orders passed by this court on 16/1/2009 and 6/2/2009 and also for acting in breach of the orders passed by the Supreme Court and by this court from time to time.

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The applicant had filed Criminal Writ Petition No. 2225 of 2007 and the same was disposed off by this court on 6/2/2009. The applicant filed Criminal Application No. 99 of 2009 and prayed for almost the same reliefs which are set out in this application, save and except the relief of grant of certificate to appeal to the Supreme Court. The said criminal application was decided by us on 8/10/2009 by directing the CBI to file the charge-sheet on the basis of its report submitted to the Director General of Income Tax (Vigilance) and the Chief Vigilance Officer vide its application dated 8/9/2009 within a period of two weeks, before the Special Court (CBI Court at Mumbai). We are informed that the CBI submitted the charge-sheet on 27/10/2009 and the main accused Shri Ajoykumar Singh as well as his family members and relations were arrested by CBI and they have been subsequently released on bail. We, therefore, find that the order passed by us on 8/10/2009 has been complied with.

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It was orally assured to us on 8/10/2009 that the applicant will be provided with a copy of the charge-sheet that would be filed by the CBI and the applicant states that despite his several visits to the CBI office, no such copy has yet been provided to him. We have been assured by Mr. Khambata, the learned Addl. Solicitor General, that a copy of the charge-sheet will be supplied to the applicant within one week.

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Mr. Doctor also prayed for a copy of the status report, which was placed before this court, be also made available to him. The Registrar (Judicial) is directed to provide a copy of the same to the applicant on his application.

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So far as the prayers made out in this application are concerned, after hearing the applicant, party-in-person and on perusal of the orders passed by this court on 6/2/2009, 18/8/2009, 18/9/2009 and 8/10/2009, we are satisfied that there is no case to entertain this application.

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Hence, the application is rejected.

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(R.Y. GANOO,J.) (B.H.MARLAPALLE,J.)

Devendra S. Doctor v. the State of Maharashtra and Ors.

Case brief

What is this about?

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Devendra S. Doctor v. the State of Maharashtra and Ors.

Case brief

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What did the court decide?

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