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Bombay High CourtAPPLN/346/2015

The State Of Maharashtra v. Deodatta Gangadhar Marathe

2015-06-24Hon'Ble The Chief Justice2 pages

CriAppln 346 - 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 346 OF 2015 IN PIL NO. 23 OF 2014 WITH CRIMINAL WRIT PETITION NO. 462 OF 2015 The State of Maharasthra .. Applicant V/s Deodatta Gangadhar Marathe .. Respondent Mr. S.K. Shinde, Public Prosecutor, for the applicant. Mr. Gaurav Belsare for the respondent.

CORAM: MOHIT S. SHAH, C.J.

DATE : 24 JUNE 2015 P.C.:

The State of Maharashtra through the Anti Corruption Bureau, Mumbai has taken out this application seeking transfer of Criminal Writ Petition No. 462 of 2015 from Nagpur Bench of this Court to the Principal Seat at Bombay on the ground that the subject matter of Criminal Writ Petition No. 462 of 2015 is connected with the subject matter of PIL No. 23 of 2014.

2.

Learned counsel for the respondent opposes the application on the ground that in the last order dated 18 June 2015, there is no reference to the FIR leading to filing of above numbered writ petition before the Nagpur Bench.

ABS Corrected pursuant to the order dated 30 June 2015 on the praecipe for speaking to minutes.

CriAppln 346 - 2015 3.

Having heard the learned counsel for the parties, it prima facie appears that the subject matter of the writ petition at Nagpur Bench is connected with the subject matter of PIL No. 23 of 2014 pending before the Principal Seat at Bombay. The order dated 18 June 2015 is for granting extension in respect of some other allegations, but that does not mean that the Division Bench at the Principal Seat at Bombay has discontinued the proceedings of PIL in respect of allegation nos.1, 3 and 9. The subject matter of Writ Petition No. 462 of 2015 at Nagpur Bench is connected with the above numbered allegations.

4.

In view of the above, the application is allowed. Writ Petition No.462 of 2015 shall be transferred from the Nagpur Bench to the Principal Seat at Bombay and shall be placed before the Bench hearing PIL No. 23 of 2014.

CHIEF JUSTICE ABS Corrected pursuant to the order dated 30 June 2015 on the praecipe for speaking to minutes.