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Bombay High CourtWP/4972/2017others disposed off

Maruti Mura Vagare v. The State Of Maharashtra And ORS

2019-01-08Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

wp.4972.17.4.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4972 OF 2017 Maruti Mura Vagare

...Petitioner

Versus

The State of Maharashtra

...Respondent

None for Petitioner Mr. K. V. Saste, A.P.P for the Respondent-State CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

TUESDAY, 8 th JANUARY 2019 P.C. :

Nobody for petitioner even on second call. Learned A.P.P appears for respondent-State.

Committee appointed by this Court in terms of Chapter IV-A (ii) of Bombay High Court (Appellate Side) Rules, has already found that petitioner is unfit to represent himself. On 18th July 2018, Division Bench of this Court has passed following order :

"1 The above Writ Petition has been adjourned from time to time and on the last occasion i.e. on 07/06/2018 the Petitioner made a statement that he has approached the Apex SQ Pathan 1/2

wp.4972.17.4.doc Court against the refusal of permission by the Committee of this Court to him to appear in person. We had therefore accordingly adjourned the above Writ Petition till today i.e. 18/07/2018.

Today the Petitioner is present before us and he states that he should be permitted to appear in person. We had already indicated to him on the last occasion that in view of the refusal of the Committee to permit him to appear in person, he may seek a lawyer from the panel of the legal aid. That suggestion it seems is not acceptable to the Petitioner. We, therefore, adjourn the above Writ Petition to 29/08/2018 within which the Petitioner would have to decide whether he seeks to apply for a lawyer on the panel of the legal aid or engage an advocate to represent him."

It appears that petitioner had also approached Hon'ble Apex Court and Hon'ble Apex Court, by order dated 12th April 2018, asked him to approach High Court Legal Services Committee. That Committee has, on 28th May 2018, informed the Registry that the petitioner never approached it as per orders of Hon'ble Apex Court. The petitioner, thereafter, has not taken any further steps. In this situation, we are left with no option but to dismiss writ petition for want of prosecution.

REVATI MOHITE DERE, J.

B. P. DHARMADHIKARI, J.

SQ Pathan 2/2