Dismissed

Mohan S/O Ramkumar Mourya v. Central Bureau of Investigation, Anti Corruption Branch, Thr. Supdt. of Police, Nagpur and Another

Bombay HC6 May 2014APPW/28/2014

Case brief

AI extract

What is this about?

Petitioner filed writ petition and criminal appeal challenging charge-sheet filing on grounds of multiple pending cases for same offence. Bench noted charge-sheet filed, alternative remedy available via discharge application, but noted potential need for case consolidation to one Special Court. Dismissed petition.

What did the court decide?

Petition dismissed with liberty to avail alternate remedy; Appw disposed of.

Mohan S/O Ramkumar Mourya Vs Central Bureau of… — Civil Procedure and Limitation | Bombay HC (2014)

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0605cwp99.14.odt

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

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CRIMINAL WRIT PETITION NO. 99 OF 2014 AND CRIMINAL APPLICATION (APPW) NO. 28 OF 2014

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(Mohan Ramkumar Mourya Vs. Central Bureau of Investigation & another)

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

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Shri J. M. Gandhi, Advocate for the petitioner. Shri Shyam Ahirkar, Special Counsel for respondent No.1.

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CORAM : B. R. GAVAI AND C. V. BHADANG, JJ. DATED : 6^th May, 2014

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When the matter was listed yesterday, we had expressed that we are not inclined to entertain the petition since the charge-sheet was already filed. We had also expressed that the petitioner has an alternate remedy to apply for discharge.

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Shri Gandhi, learned Counsel for the petitioner had submitted that for the same offence, there are number of charge-sheets and the same are pending before two different Special Courts.

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We had expressed that learned Principal

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Sessions Judge, if moved, can pass an appropriate

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	order for assigning the cases to one Special Judge. As such, the matter was adjourned today.
	Today again Shri Gandhi, learned
	Counsel seeks two days' time. We are not inclined
	to grant the same. The petitioner has an alternate
	remedy to apply for discharge before the learned
	trial Court and, if necessary, to move either the
	Principal Sessions Judge or an appropriate forum
	for assigning of the cases to one Court.
	The petition is accordingly dismissed
	with liberty to the petitioner to avail an alternate remedy as is available in law. Application (APPW) No. 28 of 2014 for dispensing with filing of typed and legible copies of the annexures also stands disposed of.
	JUDGE JUDGE

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wwl

Mohan S/O Ramkumar Mourya v. Central Bureau of Investigation, Anti Corruption Branch, Thr. Supdt. of Police, Nagpur and Another

Case brief

What is this about?

What did the court decide?

Mohan S/O Ramkumar Mourya v. Central Bureau of Investigation, Anti Corruption Branch, Thr. Supdt. of Police, Nagpur and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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