An applicant sought a second opportunity to prosecute a writ petition previously dismissed for failure to remove office objections.
The criminal application is allowed to grant one more chance to prosecute the writ petition subject to removing office objections 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.
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appw-1-2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
CRIMINAL APPLICATION NO.1 OF 2014
IN WRIT PETITION NO.226 OF 2013
Ashok Govind Rao and Anr.
...Applicants
v/s.
State of Maharashtra & ors.
...Respondents
Mr.Dinesh Kadam for the Applicants. Mr.K.V.Saste, APP for the State.
... CORAM : A.S.OKA &
A.A. SAYED, JJ.
DATED : 28 SEPTEMBER 2016
P.C.:
Learned Counsel appearing for the Applicant states that till date the
Applicants have not received any notice of filing of charge sheet. Learned APP has no instructions as regards the status of investigation. As Writ Petition filed by the Applicants has been dismissed for non-removal of office objection, one more opportunity deserves to be granted to the Applicants to prosecute the Writ Petition.
(a) and (b), subject to condition that all office objections in the Criminal Writ Petition shall be removed within a period of four weeks from today. If the
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appw-1-2014.doc
office objections are not removed within the stipulated time, the order of dismissal shall stand. If the objections are removed within the stipulated
time, Writ Petition shall be listed for “Admission” as per the date fixed by CMIS.
(A.A. SAYED, J.) (A.S.OKA, J.)
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1 issue framed by the court
Whether a second opportunity to prosecute a writ petition after dismissal for non-removal of office objection should be granted.
Ashok Govind Rao and Anr.
State of Maharashtra & ors.
A.S. Oka
A.A. Sayed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
