Disposed

Sanjay Moreshwar Phasate and Another v. State of Mah.Thr.Pso Nagpur and 2 Others

Bombay HC6 Mar 2013WP/453/2004

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Nagpur Bench, disposed of three criminal writ petitions, holding that the grievance of the petitioners was redressed based on an affidavit filed by the Assistant Public Prosecutor regarding the State's compliance with a Supreme Court order.

What did the court decide?

Disposed of Criminal Writ Petition Nos. 453 of 2004, 180 of 2003 and 220 of 2003 by observing that the grievance stands redressed.

Sanjay Moreshwar Phasate and Another Vs State of… — Writ and Judicial Review | Bombay HC (2013)

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63wp180.03.odt 1

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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CRIMINAL WRIT PETITION NO.453 OF 2004

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(Sanjay Moreshwar Phasate and anr. vs. The State of Maharashtra and Ors.) with

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CRIMINAL WRIT PETITION NO.180 OF 2003

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(Enbee Depositors Welfare Asso. and Ors. vs. State and Ors.) with

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CRIMINAL WRIT PETITION NO.220 OF 2003

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(Devendrakumar s/o. Gyanchandji Choudhary and Ors. vs. The State of

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Mah. and Ors.)

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

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Mr.T.A.Mirza, A.P.P. for respondent/ nos.1 and 2/State and Mr.N.B.Kirtane, Adv. for respondent no.3.

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Coram : A.P.LAVANDE & A.B.CHAUDHARI, JJ.

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Date : 6.3.2013.

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Mr.T.A.Mirza, learned A.P.P. has tendered an affidavit in Criminal Writ Petition No.180 of 2003, which is taken on record and marked as 'X' for identification.

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Mr.T.A.Mirza, learned A.P.P. has invited our attention to para no.4 of the affidavit afore-stated, in which it is stated that the Supreme Court of India has, by an order dt.13.9.2011, dismissed the appeal filed by the Directors of respondent/M/s.Enbee Plantation

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63wp180.03.odt 2

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Ltd. and thus, vacated the stay in relation to investigation. He has also invited our attention to paragraph nos.6 and 7 of the said affidavit. We quote the said paragraphs as under :

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“6. I say that, the statements of the most of the depositors were recorded during the course of investigation. I say that, procedure regarding seizing the property of Directors of Enbee Plantation/accused persons is under progress.

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7. I say that the, Investigating Officer has not received till this date copy of the order passed by the Hon'ble Supreme Court dismissing the Special Leave Petition filed by accused persons/Director of Enbee Plantation. I say that, as per direction of Superior Officer the investigation of above referred crimes is now started. I say that the Investigating Officer will submit progress report of investigation on next date of hearing. “

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In view of the statement made in the paragraphs 6 and 7, we are satisfied that the grievance made by the petitioners in the present Writ Petitions stands redressed. In view of the above, we dispose of present Writ Petition Nos. 453 of 2004, 180 of 2003 and 220 of 2003.

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JUDGE JUDGE

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jais

Sanjay Moreshwar Phasate and Another v. State of Mah.Thr.Pso Nagpur and 2 Others

Case brief

What is this about?

What did the court decide?

Sanjay Moreshwar Phasate and Another v. State of Mah.Thr.Pso Nagpur and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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