Ulhas Harishchandra Parab v. Union Of India And ANR

Dusane 1/2 revn492.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.492 OF 2015 Ulhas Harishchandra Parab ....

Applicant Vs.

Union of India & Others ....

Respondents Mr. Laxmikant M. Shukla, Advocate for the Applicant. Ms. Rebecca Gonsalves, Advocate for respondent no.1 Ms. S.V. Gajare, APP for the State.

Coram : Smt. R.P. SondurBaldota, J.

Date : 29th February, 2016 P.C.

This petition is directed against the orders dtd. 6th May, 2010 and 13th July, 2015 passed by the Special Court, Mumbai. Both the orders were passed on the application for discharge filed by the petitioner. After his first application for discharge was decided by the Special Court, the petitioner had approached this court by Criminal Writ Petition No.1531 of 2013. He simplicitor withdrew that writ petition on 8th August, 2013. It appears that thereafter he filed second application for discharge, which was decided by the order dtd. 13th July, 2015. The obvious ground on which the second application for

Dusane 2/2 revn492.2015 discharge was rejected was that the same was not maintainable in view of rejection of his earlier application. Mr. Shukla, the learned advocate for the applicant submits that at the relevant time, he was not aware of circulars of Government of India, which according to him have an impact on the proceedings. Merely because the petitioner realises further grounds for seeking discharge or further material for seeking discharge, he cannot be permitted to have the second round of discharge from the proceedings. Hence, the Revision Application is dismissed. (Smt. R.P. SondurBaldota, J.)