The court allowed the criminal writ petition, observing that a pending appeal precludes availing a writ remedy simultaneously. It directed the appellate authority to dispose of the pending appeal within four weeks.
Direction to the appellate authority to dispose of the pending appeal within four weeks.
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.
(1) Cri. W.P. No. 146 of 2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
Criminal Writ Petition No. 146 of 2015
Santosh s/o. Gambir Kasode, Age : 38 years, Occupation : Journalist, R/o. Anturli, Taluka : Muktai Nagar, District : Jalgaon. .. Petitioner.
versus
Mr. V.S. Panpatte, Advocate, for the petitioner.
Mrs. M.B. Gangwal (Patni), Additional Public Prosecutor, for respondent nos.1 to 3.
CORAM : S.S. SHINDE & A.M. BADAR, JJ.
DATE : 6TH FEBRUARY 2015
(2) Cri. W.P. No. 146 of 2015
PER COURT :
( A.M. BADAR ) ( S.S. SHINDE ) JUDGE JUDGE
puranik / CRIWP146.15
2 issues framed by the court
Whether a pending appeal is an impediment to entertaining a criminal writ petition.
Whether the petitioner can avail two remedies simultaneously when an appeal is pending.
Colour shows how this judgement treated each authority
Umar Mohammed Malbari Vs. K.P. Gaikwad & anotherReferred¶16
1988(2) Bom.C.R. 724 · Who else cites this
Santosh s/o. Gambir Kasode
The State of Maharashtra, Through Principal Secretary, Home Department
Sub-Divisional Magistrate, Bhusawal
The District Superintendent of Police, Jalgaon
S.S. Shinde
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
