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Bombay High CourtAPPR/331/2018

Vinod Chandulal Shah v. Securities And Exchange Board Of India And ANR.

2019-01-10Hon'Ble Mrs. Justice Mridula Bhatkar3 pages

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.331 OF 2018 IN CRIMINAL APPLICATION NO.81 OF 2018 IN CRIMINAL REVISION APPLICATION NO.186 OF 2018 Vinod Chandulal Shah ... Applicant Vs.

Securities and Exchange Board of India & anr. ... Respondents WITH CRIMINAL APPLICATION NO.332 OF 2018 IN CRIMINAL APPLICATION NO.83 OF 2018 IN CRIMINAL REVISION APPLICATION NO.188 OF 2018 WITH CRIMINAL APPLICATION NO.333 OF 2018 IN CRIMINAL APPLICATION NO.86 OF 2018 IN CRIMINAL REVISION APPLICATION NO.190 OF 2018 Mr.Akshit Jain i/b Rinku Valunju for the Applicant in all APPRs Mr.Raghav Shekhar i/b The Law Point for Resp. No.1 Mr.Vinod Chate, APP, for the Respondent - State CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JANUARY 10, 2019

P.C.:

1.

Learned Counsel for the applicants submits that by order dated 27.3.2018, this Court had disposed of 8 Criminal Revision Applications on the ground that charges are framed by the Sessions Court in all the Sessions Cases against which the Revision applications are filed and, therefore, the revisions have become infructuous and disposed of accordingly. The learned Counsel submits that in the present three Criminal Revision Applications i.e., 186 of 2018, 188 of 2018 and 190 of 2018, the Sessions Court has not famed charges and, therefore, due to inadvertence, these three applications were also considered as infructuous and disposed of. He submits that qua these three revision applications, the order is to be recalled and they are to be restored to their original file alongwith the respective applications for condonation of delay therein.

2.

The learned Counsel for the respondent No.1 objects to the restoration on the ground of conduct of the applicants and the delay caused in moving the Court.

3.

In view of the facts and as the charges are not framed as yet, the present revision applications are restored to their original

file alongwith the criminal applications for condonation of delay therein.

4.

The revision applications be listed on board on 5.2.2019 for admission. It is made clear that on 5.2.2019, the revision applications may be disposed of finally at the stage of admission itself.

5.

The Criminal application Nos.331 of 2018, 332 of 2018 and 333 of 2018 are disposed of accordingly.

(MRIDULA BHATKAR, J.)