Ajaykumar Indrajeet Singh v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 455 OF 2016 WITH CRIMINAL APPLICATION NO. 457 OF 2016 Ajaykumar Indrajeet Singh ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

Ms. R.M. Gadhvi, APP for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 16th MARCH, 2018.

P.C.:- These are the Applications received through the Jail for transfer of Sessions Case No. 589 of 2015 pending on the file of Additional Sessions Judge (Court No. 55), Greater Mumbai and for stay of the Trial of the said case.

The Applicant's Application No. 455 of 2016 is for transfer of aforesaid case on the ground that, the concerned learned Judge did not record the evidence properly. It is further contended that due to the same, prejudice is caused to the Applicant and therefore, his matter may be transferred before the "law abiding Judge". 1/2

ssm 2 9-appln455.16gp.sxw After perusing the Applications and record, this Court is of the view that, whatever has been stated in the Applications is the figment of imagination of the Applicant and is without any basis. The Applicant has made baseless allegations against the concerned Judge. It further clearly appears that the Application No. 455 of 2016 is filed by the Applicant at the behest and as per the advise of his Advocate who, prima-facie appears to have been not conducting the case properly before the concerned Judge. It further appears that the present Application is a sheer abuse of process of law. I find no merit in these Applications and both the Applications are accordingly rejected.

The Registry is directed to communicate this order to the Applicant, who is lodged in the Mumbai Central Prison. (A.S. GADKARI, J.) 2/2