The Court dismissed the writ petition, reiterating its earlier order allowing the petitioner to file an appeal against the impugned order of 20th March 2010, which the State has agreed will not be rejected on limitation grounds.
Petition disposed; liberty to file appeal against the order dated 20th March, 2010.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1399 of 2010
Laxman Bhunaramji Parihar ....Petitioner Vs. The State of Maharashtra ....Respondents
....Respondents
Mr. A.V. Chatuphale for the petitioner. Advocate Dr. F.R. Shaikh-APP for the State.
CORAM:- A.M.KHANWILKAR AND U.D. SALVI, JJ
DATED:- SEPTEMBER 01, 2010
P.C.
In view of our order dated 31st August, 2010 in Writ Petition No. 2301/2010, for the same reasons, we dispose of this Petition with liberty to the petitioner to file appeal against the order dated 20th March, 2010 which is subject matter of challenge in this Petition. We place on record the fair stand taken by the State that if such appeal is filed, it will not be rejected on the ground that it is barred by limitation. All questions are left open to be considered in the said appeal on its own merits. Petition disposed of accordingly.
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Advocate for the Petitioner as amicus curie.
2301/2010, be forwarded to the Petitioner who is in jail.
(A.M.KHANWILKAR, J)
1 issue framed by the court
Whether the writ petition should be disposed of with liberty to the petitioner to file an appeal against the impugned order not barred by limitation.
Laxman Bhunaramji Parihar
The State of Maharashtra
A.M. Khanwilkar
U.D. Salvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
