Petitioner challenged Sessions Judge's refusal to transfer connected complaints. Court held it is open for petitioner to seek transfer from Chief Judicial Magistrate as it involves internal court administration.
Petitioner allowed to approach Chief Judicial Magistrate/Administrative Judge for transfer of complaints to one court.
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.
5-wp-2340-2016.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2340 OF 2016
Mr. Madan Laxman More … Petitioner vs. Mr. Sunil Gajanan Kulkarni & Ors. … Respondents
Mr. Sagar Batavia a/w. Mr. M. L. More for the Petitioner. None for the respondents. Mr. S. V. Gavand, APP for the State.
CORAM : A. K. MENON, J. DATE : 13 th JULY, 2017
P.C.:
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5-wp-2340-2016.odt
(i) The petitioner is at liberty to approach the concerned Chief Judicial Magistrate / Administrative Judge for assignment of these two complaints to one Court. The application if made will be considered in accordance with law.
(ii) It is clarified that the learned Magistrate concerned will hear such application, if made, without being influenced by any of the observations in the impugned order.
(A. K. MENON, J.)
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1 issue framed by the court
Whether the petitioner is entitled to seek transfer of connected complaints to a single court.
Mr. Madan Laxman More
Mr. Sunil Gajanan Kulkarni & Ors.
A. K. MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
