Allowed

Mohit S/O Rajkumar Shahu v. State of Mah, Thr Home Department, Mantralaya, Mumbai

Bombay HC18 Jan 2023APPW/1/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Nagpur Bench allowed an application seeking to amend the prayer clause of a Criminal Writ Petition. The petitioner was permitted to add a prayer seeking a stay of proceedings in Sessions Trial/NDPS Case No. 27/2019 pending before the District Judge and Special Court, Nagpur. The court directed the amendment to be carried out and a reply filed after three wee

What did the court decide?

Application allowed to permit amendment of prayer clause to seek stay of Special Court proceedings; application disposed of.

Mohit S/O Rajkumar Shahu Vs State of Mah, Thr… — Civil Procedure and Limitation | Bombay HC (2023)

¶1

1 3appw1.23

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

¶3

CRIMINAL APPLICATION (APPW) NO. 1/2023 IN CRIMINAL WRIT PETITION NO. 397/2019

¶4

(Mohit S/o. Rajkumar Shahu Vs. State of Maharashtra & ors..)

¶5

 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders

¶6

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

¶7

Mr. R.P. Joshi, Advocate for petitioner/applicant.
Mr. M.J.Khan, APP for non-applicant Nos. 1 to 3
Mr. R.S. Nayak, Advocate for non-applicant Nos. 4 to 6.

¶8

CORAM: VINAY JOSHI AND VALMIKI SA MENEZES JJ.

¶9

DATED : 18/01/2023.

¶10

Heard.

¶11

2.This application is moved by the petitioner
seeking amendment in prayer clause (vi) in petition which
read as under:-

¶12

“(vi)during the pendency of the instant
petition, stay further proceedings in Sessions Trial/
NDPS Case No. 27/2019 pending before the District
Judge-1 and Additional Sessions Court/Special
Court, Nagpur.”

¶13

3. In substance, the petitioner by way of amendment

¶14

is seeking to add prayer to stay the proceeding pending
before the Special Court.

¶15

4.The learned APP while resisting this application,
has pointed out our order dated 16.12.2020, wherein we
took note that the petition does not bear prayer for stay to
the trial. Moreover, this Court has expressed the
expectation that the Special Court will proceed with the
trial. In the light of those remarks, the learned APP

¶16

2 3appw1.23

¶17

submits that the prayer sought to be amended is not
tenable.

¶18

5.In our view, it is a matter of merit whether the
stay is to be granted to the proceeding before the Special
Court or not. Certainly, we would take into account our
earlier orders while deciding amended prayer on its
merits. However, we find no difficulty to permit the
petitioner to add prayer as sought for. In view of that,
application is allowed and disposed of.

¶19

6.Amendment be carried out within one week and
reply shall be filed within two weeks thereafter. In
addition to that, we direct to file amended copies of
petition incorporating all amendments We also request to
put an endorsement in the marginal column besides
amended portion about date of each amendment.

¶20

7. Stand over after three weeks for final hearing.

¶21

(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)

¶22

Gohane

¶23

JITENDRA BHARAT GOHANE

¶24

Digitally signed by JITENDRA BHARAT GOHANE Date: 2023.01.19 15:27:28 +0530

Mohit S/O Rajkumar Shahu v. State of Mah, Thr Home Department, Mantralaya, Mumbai

Case brief

What is this about?

What did the court decide?

Mohit S/O Rajkumar Shahu v. State of Mah, Thr Home Department, Mantralaya, Mumbai

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

SBI General Insurance Thr. Branch Manager, Amravati Thr. Nagpur Branch, Nagpur Vs Smt. Shubhangi Ajay Pawar and Others

Darshan Subhash Nandagawali Vs State of Mah. Thr. Pso Civil Lines Dist.Akola

Chhaya Ghanashyam Mate and 5 Others Vs State of Mah. Thr. Pso Hiwarkhed Tah.Akot Dist.Akola and Another

Shri. Babanrao S/O. Marotrao Nibrad and Another Vs Smt. Arundhati W/O. Late Nilesh Nibard and Another

Nadeem Ahmed Abdul Rashid Vs State of Mah. Thru. P.S. Mahagaon and Another

Ramrao S/O Punaji Jadhav Vs State of Mha. Thr. Divisional Commissioner Amravati Dist.Amravati and Another