Bombay High CourtAPPLN/619/2015transfer to other court at final hearing stage

The State Of Maharashtra v. Sayyed Chand Gafoor And ORS

2015-10-13Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice A.S. Gadkari3 pages

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.619 OF 2015 The State of Maharashtra ..Applicant.

Vs.

Sayyed Chand Gafoor & Ors.

..Respondents ----- Mr. H.J. Dedhia, APP for the Applicant-State. Mr. R.F. Totala for Resepondents.

----- CORAM: SMT. V.K. TAHILRAMANI, Acting C.J. & A.S. GADKARI, J.

13th October, 2015 P.C.:

This Application has been moved by the ApplicantState for clubbing and transfer of the Applications namely Criminal Application Nos.695 of 2013 and 14 of 2014 of Nagpur Bench of High Court of Judicature at Bombay and Criminal Application Nos.5669 of 2013, 4105 of 2013, 4106 of 2013, 5207 of 2013, 6365 of 2013, 6366 of 2013 and 292 of 2014 of Aurangabad Bench of High Court of Judicature at Bombay for final hearing to the Principal seat of Bombay to avoid conflicts in results.

It is noticed that the Division Bench at Aurangabad by its order dated 4th March 2014 passed in Criminal Application No.5669 of 2013 with other Applications, observed in para-5 of the order that the Public Prosecutor to approach the Hon'ble the Chief Justice to get all the matters assigned to one Division Bench to avoid conflicts in result. The Division Bench of the High Court of Judicature of Nagpur Bench, Nagpur in its order dated 25th March 2014 passed in Criminal Application (APL) No.14 of 2014 with Criminal Application (APL) No.695 of 2013 has observed that in view of judicial propriety and respecting the expression of the Coordinate Bench at Aurangabad, we adjourn the matter sine die with liberty to any of the parties to apply to the Hon'ble the Chief Justice for clubbing of all the matters in view of the order of the Division Bench ot Auranagabad dated 4th March 2014.

In view of above facts and orders passed above, the aforesaid Criminal Applications to be transferred to the Principal Seat High Court of Judicature at Bombay.

The Application is allowed in the above terms. (A.S. GADKARI, J.) (ACTING CHIEF JUSTICE)

CERTIFICATE Certified to be true and correct copy of the original signed order.