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Bombay High CourtWP/4603/2018others disposed off

Neeraj Manoharlal Rawal v. Ravi Ayyaswamy Rama Subramanyan And ANR.

2019-08-07Hon'Ble Shri Justice S.S. Shinde2 pages

3 wp 4603-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4603 OF 2018 Neeraj Manoharlal Rawal

...Petitioner

Versus

Ravi Ayyaswamy Rama Subramanyam & Anr.

...Respondents

WITH CRIMINAL WRIT PETITION NO. 4604 OF 2018 Neeraj Manoharlal Rawal

...Petitioner

Versus

Rajiv Dipak Mata & Anr.

...Respondents

WITH CRIMINAL WRIT PETITION NO. 4605 OF 2018 Neeraj Manoharlal Rawal

...Petitioner

Versus

Rajiv Dipak Mata & Anr.

...Respondents.

WITH CRIMINAL APPLICATION NO. 826 OF 2018 Rajiv Dipak Mata ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.E.V. Venugopal i/b. Mr. Baburao Shinde for petitioner in WP Nos. 4603/18, 4604/18, 4605/2018.

Mr. Adwait Bhonde for applicant in APL 826/18. Mr. Subhash Jha a/w. Mr. Prashant Patil, Ms. Sanjana Pardeshi, Ms. Shah i/b. Law Juris for Respondent No. 1.

Mrs. Rutuja Ambekar, APP for State.

CORAM :

S. S. SHINDE, J DATE :

7th August 2019 P.C.

1.

In all these writ petitions, the petitioner has not stated in the petition that, he was party before the Trial Court. These writ petitions are Bhagyawant

3 wp 4603-18.doc pending for more than one year. When a specific query was put to the learned counsel appearing for the petitioner that, whether the petitioner was party before the Courts below?, he is not in a position to make a correct statement. At one stage he submitted that, the petitioner was party in the lower Court proceedings, and after few minutes he submits that, the petitioner filed an application for assisting the Public Prosecutor/State. The pleadings in the petition to the aforesaid extent are vague.

A person approaching the Court for seeking reliefs shall disclose all relevant and true facts before the Court. 2.

When the status of the petitioner is not made clear before this Court, it is not desirable to proceed with aforesaid three writ petitions. Hence, aforesaid three writ petitions are dismissed for not disclosing the true and correct status of the petitioner before the Court's below. However, it is made clear that, this Court has not entered into merits of the contentions raised in the petitions.

3.

Application No. 826 of 2018 to be detagged from the aforesaid writ petitions. List the application on 14th August 2019. [S. S. SHINDE , J] Bhagyawant