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Bombay High CourtIA/475/2023dismissed

Mohd. Arif Y. Shamsi v. State Of Maharashtra And ORS.

2023-02-09Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

18-475-2023-IA=.doc Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 475 of 2023 IN CRIMINAL APPLICATION NO. 1188 OF 2022 WITH WRIT PETITION NO. 5520 OF 2019 Mohd. Arif Y. Shamsi .. Applicant Vs.

The State of Maharashtra & Ors.

.. Respondents .....

Mr. S.R. Gaud for the applicant in APL 1188/2022 and for the respondent no.2 in WP 5520/2019 Mr. Syed Asif Abbas Naqvi for the petitioners in WP 5520/2019 and for the respondent no.2 in APL 1188/2022 Mr. Maroof Khan for the applicant in IA 475/2023 Mr. K.V. Saste, APP for the respondent - State .....

CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

DATED : 9th FEBRUARY, 2023.

P.C.

1.

Learned Counsel for the applicant by the aforesaid Interim Application (IA), seeks to intervene in the aforesaid Criminal Application. Learned Counsel although admits that the applicant UDAY SHIVAJI SHIVAJI JAGTAP

18-475-2023-IA=.doc herein, has no locus standi in the aforesaid application filed by the applicants therein, states that in order to secure the ends of justice, the applicant should be permitted to intervene in the application. 2.

Considering the facts and record, once it is admitted that the applicant has no locus standi in the aforesaid Criminal Application, the question of entertaining the present Interim Application does not arise.

3.

Admittedly, the applicant is neither a victim nor a complainant and, as such, is a complete stranger to the proceedings, which are pending before us.

4.

Hence, the application is dismissed with costs of Rs.15,000/-. The applicant to deposit the said costs with the Maharashtra State Legal Services Authority, within two weeks from today. 5.

All the concerned to act upon the authenticated copy of this order.

[PRITHVIRAJ K. CHAVAN, J.] [REVATI MOHITE DERE, J.]