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Bombay High CourtWP/4721/2014others disposed off

Sudhir Khicchi v. The State Of Maharashtra And ANR.

2015-02-12Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Ranjit More.2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4721 OF 2014 Sudhir Khicchi.

..Petitioner.

Versus

State of Maharashtra & Another.

..Respondents.

Mr. Chetan Mali for the Petitioner.

Mr. S. K. Shinde, Public Prosecutor for State. Coram : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

Date : February 12, 2015.

P. C. :

1.

Heard. By this petition under Article 226 of the Constitution of India, the Petitioner is claiming following relief : "That this Hon'ble Court be pleased to issue a writ of mandamus or a writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction directing the Respondents to appoint Special Public Prosecutor in Sessions Case No. 309 of 2014 (C.R.No.106/2013, Vanrai Police Station, Goregaon, Mumbai) being tried at Session Court of Greater Bombay in terms of application dated 12/09/2014 annexed at Exhibits- D & E."

2.

Mr. Shinde, learned PP having taken instructions from his client makes a statement that the decision is taken by the Home Department to appoint Advocate Ms. Rati B. Amrolia as Special Public Prosecutor to conduct the trial and Advocate patilsr 1 / 2

Ms. Yasmin Katpitia as Assistant Public Prosecutor to assist the Special Public Prosecutor and the file is pending with the Law & Judiciary Department, Mantralaya, Mumbai for issuing appropriate notification and such notification will be issued within the period of two weeks from today. Statement is accepted.

2.

In view of the above statement, the grievance of the Petitioner no more survives. In that view of the matter, writ petition is dismissed.

3.

Learned Counsel appearing for the Petitioner submitted that next date of trial before the Sessions Court is 13th February 2015. Mr. Shinde, learned PP for the State assures this Court that on 13th February 2015, the prosecutor conducting trial in the Sessions Court will seek adjournment for appropriate time.

[SMT. ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.] patilsr 2 / 2