Allowed

Gregory N. Dharmai v. the State of Maharashtra and Ors.

Bombay HC21 Mar 2017APPA/32/2017

Case brief

AI extract

What is this about?

In this criminal application for leave to intervene and to modify an order calling for the record of pending criminal proceedings, the High Court modified the impugned order to return the file to the trial Court. The Court also granted leave to the applicant to intervene.

What did the court decide?

The order of 08.09.2004 calling for record was modified to return the original record to the trial Court within two weeks, and leave to intervene was granted.

Gregory N. Dharmai Vs the State of Maharashtra and… — Writ and Judicial Review | Bombay HC (2017)

908-appa.32.2017.doc

1/4

nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶5

CRIMINAL APPLICATION NO.32 OF 2017 IN

¶6

CRIMINAL APPEAL NO.273 OF 2003

¶7

Gregory N. Dharmai ...Applicant (Intervenor) IN THE MATTER BETWEEN Thakur Lalji Singh ...Appellant Versus The State of Maharashtra and Ors. ...Respondents

¶8

Mr.Siddhant Vakil i/b Ms.Dimple Shah, for the Applicant/Intervenor. Mr.H.J.Dedia, A.P.P for the Respondent No.1-State Mr.Vivek Sharma, for the Respondent Nos.2 and 3.

¶9

Mr.H.J.Dedia, A.P.P for the Respondent No.1-State

¶10

CORAM : REVATI MOHITE DERE,J.

¶11

DATE : 21st MARCH, 2017

¶12

P.C. :

¶13

None appeared for the original appellant yesterday i.e. on 20^th March, 2017, despite notice being served on the learned counsel for the Appellant. Even today, when the matter

¶14

908-appa.32.2017.doc

¶15

2/4

¶16

was called out in the morning session, none was present for the appellant. None appears even on the second call.

¶17

By this application, the applicant/intervenor seeks the following prayers:-

¶18

a) The Applicant be granted leave to Intervene in the Criminal Appeal No.273 of 2003 ;

¶19

b) The Order dated 08.09.2004 passed in Criminal Appeal No.273 of 2003 calling for record and proceedings of Special Case No.39 of 2000 be modified.

¶20

Learned Counsel for the applicant however, presses for prayer clause (b). He states that the applicant is a depositor and that the applicant had invested Rs.2 lakhs with Deal Well Finance Private Limited. According to the learned counsel for the applicant, the learned Special Judge is unable to proceed with the case, being MPID Special Case No.39 of 2000, as the original record and proceedings were called for by this Court in Criminal Appeal No.273 of 2003 vide order dated 8^th September, 2004.

¶21

908-appa.32.2017.doc

¶22

3/4

¶23

He submitted that as the original record and proceedings are in this Court the trial Court is handicapped and cannot proceed with the case, which is of the year 2000.

¶24

Learned Counsel for the respondent nos.2 and 3 (original Accused) states that he has no objection if the order dated 8^th September, 2004 passed in Criminal Appeal No.273 of 2003 is modified and the original record and proceedings is sent back to the trial Court, so as to unable the trial Court to proceed with the case, being MPID Special Case No.39 of 2000.

¶25

Considering the aforesaid, it is necessary to modify the order dated 8^th September, 2004 passed in Criminal Appeal No.273 of 2003, in the interest of justice and direct the Registry of this Court to send back the original record and proceedings to the trial Court before whom the MPID Special Case No.39 of 2000 is pending.

¶26

Registry to ensure that the original record and proceedings in MPID Special Case No.39 of 2000 is sent back to

¶27

908-appa.32.2017.doc

¶28

4/4

¶29

the trial Court, within two weeks from today, after taking xerox copies of the said record.

¶30

A copy of the said order be placed in Criminal Appeal No.273 of 2003 along with xerox copy of the R&P.

¶31

Application is accordingly disposed of on aforesaid

¶32

terms.

¶33

All concerned to act on the authenticated copy of this

¶34

order.

¶35

(REVATI MOHITE DERE, J.)

Gregory N. Dharmai v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Gregory N. Dharmai v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Manoj Kantilal Shah Vs the State of Maharashtra and Anr.

Jagannath Sakharam Magar Vs Himmat Dadaji Nikam and Ors.

M/S. Nectar Life Sciences Limited Vs Manav Drugs Private Limited and Ors.

Lalitkumar Dangi Vs Bhairav Enterprises and Ors.

Nikhil Patt S/O Late Girish Patt Vs Central Bureau of Investigation and Anr.

Nitin Nago Shelke Vs the State of Maharashtra