Ashim Deb v. The State Of Maharashtra And ANR

NISHA SANDEEP CHITNIS SANDEEP CHITNIS Date: 2022.08.04 11:02:52 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.789 OF 2022 IN CRIMINAL WRIT PETITION NO.709 OF 2021 WITH CRIMINAL WRIT PETITION NO.709 OF 2021 Prof. Ashim Deb ...Applicant/Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr. Ashim Deb, Applicant in-person.

Mr. V. B. Konde-Deshmukh, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

DATE : 2nd AUGUST 2022 P.C. :

1.

By this interim application, the applicant seeks the following interim reliefs;

"a.

To grant ad - interim relief for REHABILITATION, TREATMENT, EDUCATION and to EXPEDIATE hearing of the matter pending in Panvel Court. In favor of applicant/petitioner;

b.

That to pass an order direction directing to respondent no.1 to provide police protection to the victim petitioner's family forthwith;

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c.

To grant any other relief, which the Hon'ble court deems fit, may please be granted to the applicant/petitioner in the interest of justice;

d.

That the present petition filed for quashing of chapter case. But the stipulated time period for to deal the chapter case lapsed. And new rigorous criminal issues happened, hence to bring new facts in this matter this present Interlocutory Application."

2.

As far as prayer clause 'a' is concerned, no details of the aforesaid proceedings are set out, as a result of which, at this stage, the said prayer for expediting the case, cannot be considered. 3.

As far as prayer clause 'b' is concerned, the applicant had filed an application for police protection and the same has been rejected by the respondent No.2. The said communication is at page 50 of the application. No case, as of today, has been made out for grant of police protection.

4.

As far as prayer clause 'd' is concerned, the aforesaid writ petition seeks quashing of the chapter case, the said prayer cannot be entertained in this interim application. The applicant has already filed 2/3

the aforesaid writ petition seeking quashing of the chapter case, initiated as against him and other reliefs.

5.

For the aforesaid reasons, the Interim Application is dismissed and accordingly disposed of.

6.

Writ Petition No.709 of 2021 to be listed 'for admission' on 15th September 2022.

SHARMILA U. DESHMUKH, J.

REVATI MOHITE DERE, J.

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