Rajnikant Manubhai Patel v. Suresh Nalavade and Ors.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRI. CONTEMPT PETITION NO.10 OF 2009

Rajnikant Manubhai Patel.... Petitioner
Vs.
Suresh Nalavade & Ors..... Respondents

None present for the Petitioner.
Shri Ravi Kadam, Advocate General, with
Shri D.P. Adsule, APP, for the State.

CORAM: BILAL NAZKI &
A.R. JOSHI, JJ.
DATED: SEPTEMBER 23, 2009

P.C:

1.On 23rd March, 2009 we disposed of
Criminal Writ Petition No.434 of 2009. The
learned APP appearing in the petition had
submitted before us that investigation in the
case had been completed and the charge-sheet
had been filed on 15th March, 2009. She had
further stated that the accused could not be
produced before the Court along with the
charge-sheet as the accused was living in
England. In view of the statements of the
learned APP, the writ petition was disposed of.
Thereafter, the present petition came to be
filed on 20th April, 2009, complaining that the
statement made before the Court on 23rd March,
2009 which resulted in the dismissal of the
writ petition was false. Now an affidavit

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dated 1st September, 2009 has been filed by
Shri Ramesh Mona Gavit, Police Inspector
presently attached to Versova Police Station in
which he has stated that though the charge-
sheet was submitted to the Court Clerk on 5th
March, 2009, but somehow it was not numbered
till 27th April, 2009. He has also tendered his
unconditional apology.