Rajendra Lalasaheb Chavan v. The State Of Maharashtra

criappln2 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO.2 OF 2015 IN SUO MOTO CONTEMPT PETITION NO.3 OF 2015 Rajendra Lalasaheb Chavan ...Applicant In the matter between The Hon'ble High Court, Mumbai On its own motion vs.

State of Maharashtra

...Respondent

Mr.Tejpal Ingale for the applicant CORAM : A.S.OKA, & G.S.PATEL, JJ.

DATE : DECEMBER 9, 2015 P.C.:

Shri Ingale, the learned counsel representing the applicant-the Kolhapur District Bar Association has tendered a copy of the resolution dated 2nd December 2015 passed in the Special General Body Meeting of the said Association on 2nd December 2015. A copy of the said resolution is taken on record and marked `A-2' for identification. The resolution records that the earlier resolution dated 21st October 2015 has been cancelled. There is another resolution passed on the same day authorizing a particular Office Bearer of the Association to take all decisions in connection with the pending Suo Moto Contempt petition. Today, an affidavit has been tendered by Shri Rajendra Lalasaheb Chauhan, the President, Kolhapur District Bar Association.

criappln2 It contains undertakings in terms of the order passed by this Court in the main Contempt Petition. It also records that the resolution dated 21st October 2015 has been cancelled on 2nd December 2015. In the order dated 28th October 2015 passed on this Application, this Court had observed that the act of passing the resolution dated 21st October 2015 and the act of filing the present application may amount to aggravated contempt. However, in view of subsequent resolution dated 2nd December 2015, at this stage, we are not inclined to take any further action on the basis of the resolution dated 21st October 2015.

The learned counsel for the applicant seeks permission to withdraw the application. In view of the reasons recorded above, we permit the applicant to withdraw the application. Accordingly, same is disposed of as withdrawn subject to the observations made above.

(G.S.PATEL,J.) (A.S.OKA,J.)