Petitioner seeking withdrawal of criminal writ petition was dismissed due to repeated filings on same cause of action after prior dismissal of identical 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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR Criminal Writ Petition No. 532 of 2015 [Ravish Chandrakumar Chouriya Vs. State of Mah. & others]
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Adv., holding for Mr. Kaushal Trivedi, Adv., for the petitioner. Mr. Uke, APP for respondent nos. 1 to 5. Mr. Amol Patil, Adv., for respondent no.9. Mr. R.K. Tiwari, Adv., for respondent no.12. Mr. S.S. Joshi, Adv., for respondent no.20,.
CORAM : B. R. GAVAI AND V.M. DESHPANDE, JJ.
DATE : 07th June, 2016
The petitioner seeks liberty to withdraw the petition.
In normal circumstances, such a liberty would have been granted for asking. However, when the matter was listed on the last date, it was informed to the Court that another Writ Petition, being Writ Petition No. 406 of 2011, seeking the same reliefs on the same cause of action was filed before this Court and the same was dismissed by order dated 7th September, 2011. As
2
such, the learned counsel on 6th May, 2016 sought an adjournment to verify the said position.
Today, some other counsel appears in the matter and seeks liberty.
We strongly deprecate such a practice to file petitions after petitions on the same cause of action after the earlier petitions are dismissed.
In ordinary course, we would have also considered saddling of costs. However, counsel for the petitioner is not present and some other junior counsel is sent to withdraw the petition. In that view of the matter, the prayer for withdrawal is rejected and the petition is dismissed.
Judge Judge
|hedau|
Ravish Chandrakumar Chouriya
State of Mah.
B. R. GAVAI
V.M. DESHPANDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
