Manoj Jalamchand Oswal v. The State Of Maharashtra And ORS

18-APPW-213-2017.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 213 OF 2017 IN WRIT PETITION NO. 3931 OF 2012 Mr. Manoj Jalamchand Oswal ... Applicant

Versus

The State of Maharashtra & Ors.

... Respondents Mr. Manoj Jalamchand Oswal, Applicant in person. Mrs. P.P. Shinde, APP, for Respondent No.1 - State. Ms. Neha Prashant, I/b ALMT Legal for Respondent Nos. 4 and 5. Mr. V.P. Sawant, I/b Mr. Prabhakaran M. Jadhav, for Respondent No.7.

CORAM:

A.S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE:

20TH JULY, 2018 PC:- 1.

Heard the Applicant in person. The Applicant being aggrieved by order dated 16th November, 2016 filed Special Leave Petition (Cri.) No. 658 of 2017 before the Apex Court. The order passed by the Apex Court reads thus:- "Learned counsel for the Petitioner, after arguing the case for some time, states that the may be permitted to withdraw the instant petition, with liberty to approach the Bombay High Court, for seeking modification / review of the impugned order dated 16.11.2016, by placing further material on the record of the High Court.

The special leave petition is accordingly dismissed as withdrawn with liberty as aforementioned.

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18-APPW-213-2017.DOC 2.

Perusal of the prayers made in the Application shows that the first prayer is for stay of the said order. The second prayer iis for a direction for supply of a copy of report submitted on the basis of which the order dated 16th November, 2016 was passed. The third prayer is for recalling only some of the directions in the order dated 16th November, 2016 and for extinguishing the same. The fourth prayer is to direct the Trust to file a fresh Petition. 3.

Apart from the issue of the locus of the Applicant, we find that none of the directions issued under the order affect the Applicant in any manner whatsoever. As far as application to be made by the Trustees is concerned, only direction issued is to decide the application on merits. Hence, there is no merit in the application and the same is rejected.

4.

Place this Writ Petition along with Writ Petition No. 7910 of 2011 under the caption of 'directions' on 3rd August, 2018 for considering the reports.

( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 2/2