Rajeev Dilip Kher v. Amrita Vikram Bokey And ORS.

37-IA-2826-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2826 OF 2022 IN CRIMINAL WRIT PETITION NO. 62 OF 2020 Rajeev Dilip Kher ...Applicant

Versus

Amrita Vikram Bokey And Ors.

...Respondents

....

Mr. Vijay V. Kadam, Advocate for the Applicant in Interim Application. Mr. Abhijit Sarwate, Advocate for the Respondent No.2 in Person. Mr. Arfan Sait, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

26th AUGUST, 2022.

PER COURT :

1.

This application is preferred by original Respondent No.2 stay granted by order dated 18th July, 2022 passed by this Court for a period of 12 weeks.

2.

It is submitted that on the date of order the junior Advocate could not make request to stay the operation of order dated 18th July, 2022. The applicant intends to challenge the order of this Court before the Apex Court. The reasoned order is not yet uploaded.

3.

The Respondent No.2 appearing in person submitted that on 18th July, 2022 there was no prayer for grant of stay to order dated 18th July, 2022. He relied upon the decision of the Supreme Court Sunny Thote

37-IA-2826-2022.doc in the case of Hari Singh Mann V/s. Harbhajan Singh Bajwa and Ors. 2000 AIR SCW 3848, wherein it was observed that practice of filing miscellaneous application after the disposal of the main case and issuance of fresh direction in such miscellaneous petitions by the High Court are unwarranted.

4.

The petition was disposed by order dated 18th July, 2022. The operative part of order is uploaded however, the reasoned order is not yet uploaded. The proceedings were pending in this Court since 2020. The applicant proposes to challenge the order before the Apex Court. Hence, the order dated 18th July, 2022 is stayed for a period of two weeks from today.

5.

Interim Application is disposed of.

(PRAKASH D. NAIK, J.) Sunny Thote