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Bombay High CourtWP/662/2007others disposed off

Shelke Jagganath Raghunath v. The State Of Maharashtra And ORS.

2013-12-24Hon'Ble Shri Justice S.C. Gupte,Hon'Ble Shri Justice A.S. Oka2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELATE JURISDICTION CRIMINAL WRIT PETITION NO.662 OF 2007 Shelke Jagganath Raghunath

...Petitioner

vs.

State of Maharashtra & Ors.

...Respondents

Mr.Madhav Jayajirai Jamdar for the petitioner Ms P.H.Kantharia, APP for the State CORAM : A.S.OKA, & S.C.GUPTE, JJ.

DATE : DECEMBER 24,2013 P.C.:

For the reasons recorded in Judgment and Order pronounced today in criminal Writ Petition No.216 of 2013, we propose to set aside the order dated 4th February 2000 and accordingly pass the following order:

(i)Impugned order dated 4th February 2000 is quashed and set aside;

(ii)Fresh order shall be passed in the light of the observations made in the Judgment and Order in criminal Writ Petition No.216 of 2013;

(iii)We make it clear that fresh judicial appraisal will have to be made before passing any order;

(iv)Fresh order shall be passed by the Concerned Authority within a period of three months from

crwp662 today;

(v)All contentions on merits are kept open.

(S.C.GUPTE,J.) (A.S.OKA,J.)