This is an oral order disposing of a contempt petition where the petitioner claimed non-compliance with a prior order. The court accepted the respondent CBI's assurance to appoint a special public prosecutor and resolved the grievance, thus disposing of the matter without specific relief.
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168.17cp
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CONTEMPT PETITION NO. 168 OF 2017 IN CRIMINAL WRIT PETITION NO. 231 OF 2016
Smt. Rajani Vishram Patil
Age: 61 years, Occ: Pensioner,
R/o. 45, Vidyanagar, Pimprala Road,
Jalgaon, Tq. & Dist. Jalgaon...PETITIONER
VERSUS
Keshav Kumar
Age: Major, Joint Director-CBI
Mumbai Zone, R/o. Central Bureau
of Investigation (CBI)
Tanna House, Nathalal Pareekh
Marg, Colaba, Mumbai-400039...CONTEMNOR
Mr S. J. Salunke, Advocate for petitioner;
Mr S.B. Deshpande, Assistant Solicitor General of
India for respondent
CORAM : PRASANNA B. VARALE &
MANISH PITALE,JJ.
DATE : 24th AUGUST, 2018
ORAL ORDER :
Heard Mr. Salunke, learned Counsel
appearing for the petitioner.
The grievance of the petitioner is, the
2.
order of this Court dated 25th February, 2016 is
not complied with. Our attention is invited to the
said order of this Court.
3.Learned Assistant Solicitor General of
India made a statement before this Court that
Central Bureau of Investigation (for short,
“C.B.I.”) is taking steps for appointing Special
Counsel for conducting Criminal Appeal No. 75 of
2015 pending before this Court. The statement of
Assistant Solicitor General of India, on
instructions, was accepted as an undertaking given
by C.B.I.
4.On 11thJuly, 2018 learned Assistant
Solicitor General of India, on written
instructions, submitted before this Court that vide
notificationNo.RC2/S/2007-Mum/3526dated
5.7.2018, Shri. A.J. Patil, Advocate is appointed
as a Special Public Prosecutor to conduct the trial
of case No. RC2/S/2007-Mum in Sessions Court at
Jalgaon on behalf of C.B.I. It is further stated
168.17cp (3)
that process of appointing Special Public
Prosecutor for the petitioner to conduct the matter
in this Court is at final stage and notification to
that effect will be issued shortly.
5.Mr. Deshpande, learned Assistant Solicitor
General of India, today, on instructions from the
officer who is present in this Court, submits that
even part of notification in English is ready and
only preparation of translation in Hindi of
notification is remained and within short time,
that exercise would be undertaken and notification
would be ready in all respect and would be
published as early as possible.
6.We see no reason to dispute the statement
of Assistant Solicitor General of India, which is
made in this Court, on instructions of the officer,
who is present in this Court. This statement made
by Assistant Solicitor General of India takes care
of the grievance of the petitioner and grievance is
accordingly redressed. We see no purpose in keeping
168.17cp (4)
the contempt petition pending before this Court.
The contempt petition is accordingly disposed of.
(MANISH PITALE)(PRASANNA B. VARALE)
JUDGE JUDGE
Tupe
1 issue framed by the court
Whether the court should dispose of the contempt petition after the respondent CBI assures appointment of legal representation for the petitioner in the underlying matter.
Smt. Rajani Vishram Patil
Keshav Kumar
Prasanna B. Varale
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court