Petitioner challenged a Division Bench decision but the court held it could not sit in appeal or refer the matter to a Full Bench, dismissing the petition.
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.
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL P.I.L. (ST) NO. 14 OF 2015
Subhash Sadashiv Risbud
.. Petitioner
Versus
State of Maharashtra
.. Respondent
Appearances
| Mr. Subhash S. Risbud | Petitioner-in-Person present. |
|---|---|
| Mrs. A.S. Pai | APP for the State |
CORAM : SMT. V.K. TAHILRAMANI &
DR. SHALINI PHANSALKAR-JOSHI, JJ.
DATE : JUNE 29, 2015.
P.C.:
Division Bench of this Court in the case of Nilesh C. Ojha Vs
State of Maharashtra & Ors.1 . The petitioner has taken
exception to the said decision especially the directions in
paragraph 29 thereof. The prayer of the petitioner is to set
1 2014(4) Bom..C.R. (Cri) 593
jfoanz vkacsjdj 1 of 2
aside the directions in that decision. We are afraid that we cannot do so. This Division Bench cannot sit in Appeal against that decision. In case the petitioner is aggrieved, he
can approach the higher forum against the said order.
matter may be referred to a Full Bench. We see no reason to
take a different view than the one taken in the case of Nilesh
[ DR. SHALINI PHANSALKAR-JOSHI, J ] [SMT. V.K. TAHILRAMANI, J]
jfoanz vkacsjdj 2 of 2
2 issues framed by the court
Whether the Division Bench can set aside its own earlier decision directing that the matter not be referred to a Full Bench?
Whether the Division Bench should refer the matter to a Full Bench in the present case?
Colour shows how this judgement treated each authority
Nilesh C. Ojha Vs State of Maharashtra & Ors.Referred¶1
2014(4) Bom..C.R. (Cri) 593
Subhash Sadashiv Risbud
State of Maharashtra
V.K. Tahilramani
Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
