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Bombay High CourtCRPIL/36/2015others disposed off

Concious Citizen Forum v. Union Of India And ANR

2018-01-22Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

13-CRPIL.36.2015.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 36 OF 2015 Concious Citizen Forum } Petitioner versus Union of India and Anr. } Respondents None present.

CORAM :- S. C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATE :- JANUARY 22, 2018 P.C. :- 1.

This criminal public interest litigation is pending in this court for a considerable length of time. In fact, the date of filing is reckoned as 2nd July, 2015. After 9th February, 2017, whenever this public interest litigation was called out, the petitioner and the advocate both are absent. We are not obliged to wait for a public spirited citizen and the advocate to appear and argue the case. When they file such public interest litigation in larger public interest, the litigant and the advocate should bear in mind that the court expects them to argue the case and espouse the larger public interest if indeed that is involved. An adverse inference can be drawn if such public interest litigations are lodged and thereafter not proceeded with. We find that the petitioner had his own interest in lodging this public interest litigation. Once that J.V.Salunke,PA

13-CRPIL.36.2015.doc interest cannot be projected or protected, allegedly, the petitioner does not want to proceed with the matter.

2.

We keep the question of public interest, stated to be involved, open for adjudication at the instance of some other gentleman/public spirited citizen and dispose of this public interest litigation. It is accordingly disposed of. (SMT. BHARATI H. DANGRE, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA