Single-judge High Court of Bombay dismissed four criminal applications challenging orders from 1998 that issued process after condoning significant delay. The court rejected the plea to condone a 16-year lapse.
The four criminal applications are rejected. No orders as to costs.
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.
905-APL-93-2017.odt
rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.93 OF 2017
WITH
CRIMINAL APPLICATION NO.94 OF 2017 CRIMINAL APPLICATION NO.95 OF 2017 CRIMINAL APPLICATION NO.96 OF 2017
Samat Rasiklal Jariwala … Applicant vs. State of Maharashtra & Anr. … Respondents
Mr. Mehul R. Thakker for the Applicant. Ms. Purnima H. Kantharia for Respondent no.2. Mr. S. V. Gavhand, APP for the State
CORAM : A. K. MENON, J. DATE : 21 st JUNE, 2017
P.C.:
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905-APL-93-2017.odt
in August, 1999 and that for more than 16 years applicant has been appearing before the trial Court. Admittedly, the applicant had an alternate remedy to seek discharge on the very ground that he now seeks to canvass. In paragraph 8 in this application the following averment is made :
“The Application does not suffer from latches and the delay in filing the Application deserves to be condoned in the interest of justice considering the various facts explained hereinabove. The Applicant has a good case on merits.
(A. K. MENON, J.)
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2 issues framed by the court
Whether to condone a 16-year delay in filing a criminal application challenging past orders.
Whether an applicant who already had remedies available can now approach the High Court after such a delay.
Samat Rasiklal Jariwala
State of Maharashtra
A. K. MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
