Court granted liberty to petitioner to raise all grounds of the current writ petition in a subsequent appeal without deciding the substantive issues on merits.
liberty to raise grounds of the present petition in an appeal against the trial court's final decision
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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1059 OF 2009
Smt. Vandana Nursinh Kelkar.
..Petitioner.
v/s.
The State of Maharashtra & Anr.
..Respondents.
Mr.R.G.Panchal for petitioner.
Ms.S.V.Gajre, APP for State.
Mr.Vikas Shivankar for Respondent No.2.
CORAM:- A.M.KHANWILKAR, J
DATED :- NOVEMBER 10, 2009.
P.C.
1. In deference to the observation made by the Court, Counsel for the
Petitioner submits that the Petitioner would be content if the Petitioner is given liberty to agitate all the grounds raised in the present Petition, to be urged in the appeal to be filed against the final decision of the trial court, if and when occasion arises. Although this request is opposed by the Counsel for the Respondent, in my opinion, in the interest of justice, the Petitioner deserves this liberty. Accordingly, without going into the questions raised in the present Petition, Petitioner is granted liberty to raise the grounds
2
available to him in the appeal to be filed against the final decision of the trial Court. Those grounds will be considered on its own merit by the Appellate Court. The Same are kept open. Petition disposed of accordingly.
(A.M.KHANWILKAR, J)
Smt. Vandana Nursinh Kelkar
The State of Maharashtra
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
