A split-bench hearing allowed a Criminal Application for recall of an order because the Investigating Officer was late by 10 minutes due to traffic, violating directions to remain present.
The application was allowed in terms of prayer clause (a).
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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FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.84 OF 2009 IN CRIMINAL WRIT PETITION NO.530 OF 2008 WITH CRIMINAL WRIT PETITION NO.1007 OF 2008 WITH CRIMINAL WRIT PETITION NO.1008 OF 2008 WITH CRIMINAL WRIT PETITION NO.1009 OF 2008
Office Notes, Office memorandum of Coram, appearances, Court’s orders or directions & Registrar’s orders.
Court’s or Judge’s orders.
Mrs. M.H. Mhatre, APP for the Applicant-State. None for the Respondents.
CORAM : A.S. OKA & A.A.SAYED, JJ DATED : 31ST AUGUST 2016
P.C.:
. The prayer is for recall of the order dated 5th
March 2009. As both the Hon'ble Judges constituting a Division Bench are not available, this Application can be heard by this Bench being a Regular Bench. Under the orders of the Division bench, the Investigating Officer was to remain present in the Court. As he did not remain present,
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this Court directed recovery of the sum of Rs.2,000/from the salary of the concerned Investigating Officer. In Paragraphs 4 and 5 of the Application, it is stated that the Investigating Officer reached the Court on that date, but he was late by 10 minutes as he was held up in the heavy traffic. There is no reply filed to this Application by any of the parties to the Writ Petition.
1 issue framed by the court
Whether the application for recall of an order dated 5th March 2009, predicated on the delayed presence of the Investigating Officer due to traffic, deserves to be allowed.
State
Respondents
A.S. OKA
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court