Disposed

Shri Tabrez Ali Jaan Shaikh v. Shri Kisan Shengal and Ors.

Bombay HC7 Apr 2010WP/688/2010

Case brief

AI extract

What is this about?

The High Court accepted the parties' submissions that the petitioner would be given a hearing. It directed the authority to issue a hearing notice, granted a conditional stay of the final order, and disposed of the writ petition.

What did the court decide?

Direction to authorities to allow personal hearing and issue notice one week prior; stay of final order for 15 days.

Shri Tabrez Ali Jaan Shaikh Vs Shri Kisan Shengal… — Writ and Judicial Review | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.688 OF 2010

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Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders

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Mr Rizwan G Merchant and Swapnit L Wagh, for the petitioner. Mr S.L.Gawade,APP, for the respondent. Mr S.L.Pawar,API, Khar Police Station, present.

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CORAM: D.B.BHOSALE AND A.R.JOSHI, JJ. DATE : 07/04/2010 PC:

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Heard learned counsel for the petitioner and learned APP for respondent-State.

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By this writ petition, the petitioner seeks to challenge show cause notice issued by respondent no.1 under section 111 of the Code of Criminal Procedure. The petitioner has admittedly not filed any reply so far to the show cause notice. Learned counsel for the petitioner submits that the contents of this writ petition and the annexures thereto may be directed to be treated as his reply to

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the show cause notice. He further submits that the petitioner may be given personal hearing before the final order is passed on the show cause notice. Learned APP, on instructions, submits that respondent no.1 will treat the contents of the writ petition and the annexures thereto as reply to the show cause notice and will give personal hearing to the petitioner and/or his advocate before the final order is passed on the show cause notice. He further submits that they will issue notice to the petitioner for hearing of the case atleast one week before the date of hearing. Statements made by the learned counsel for the parties are accepted. We hope and trust that the concerned authority shall comply with this order before passing final order on the show cause notice dated 3. 2.2010. If the final order passed by Respondent no.1 is adverse to the petitioner, the same shall remain stayed for a period of 15

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days from the date of its communication to the petitioner. With these observations, the writ petition is disposed of.

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(A.R.JOSHI, J.) (D.B.BHOSALE, J.)

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Shri Tabrez Ali Jaan Shaikh v. Shri Kisan Shengal and Ors.

Case brief

What is this about?

What did the court decide?

Shri Tabrez Ali Jaan Shaikh v. Shri Kisan Shengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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