Smt. Rajani Vishram Patil v. Keshav Kumar

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 168 OF 2017 IN CRIMINAL WRIT PETITION NO. 231 OF 2016 Smt. Rajani Vishram Patil Age: 61 years, Occ: Pensioner, R/o. 45, Vidyanagar, Pimprala Road, Jalgaon, Tq. & Dist. Jalgaon.

..PETITIONER

VERSUS

Keshav Kumar Age: Major, Joint Director-CBI Mumbai Zone, R/o. Central Bureau of Investigation (CBI) Tanna House, Nathalal Pareekh Marg, Colaba, Mumbai-400039.

..CONTEMNOR Mr S. J. Salunke, Advocate for petitioner;

Mr S.B. Deshpande, Assistant Solicitor General of India for respondent CORAM : PRASANNA B. VARALE & MANISH PITALE,JJ.

DATE : 24th AUGUST, 2018 ORAL ORDER :

Heard Mr. Salunke, learned Counsel appearing for the petitioner.

2.

The grievance of the petitioner is, the

(2) order of this Court dated 25th February, 2016 is not complied with. Our attention is invited to the said order of this Court.

3.

Learned Assistant Solicitor General of India made a statement before this Court that Central Bureau of Investigation (for short, "C.B.I.") is taking steps for appointing Special Counsel for conducting Criminal Appeal No. 75 of 2015 pending before this Court. The statement of Assistant Solicitor General of India, on instructions, was accepted as an undertaking given by C.B.I.

4.

On 11th July, 2018 learned Assistant Solicitor General of India, on written instructions, submitted before this Court that vide notification No.

RC2/S/2007-Mum/3526 dated 5.7.2018, Shri. A.J. Patil, Advocate is appointed as a Special Public Prosecutor to conduct the trial of case No. RC2/S/2007-Mum in Sessions Court at Jalgaon on behalf of C.B.I. It is further stated

(3) that process of appointing Special Public Prosecutor for the petitioner to conduct the matter in this Court is at final stage and notification to that effect will be issued shortly.

5.

Mr. Deshpande, learned Assistant Solicitor General of India, today, on instructions from the officer who is present in this Court, submits that even part of notification in English is ready and only preparation of translation in Hindi of notification is remained and within short time, that exercise would be undertaken and notification would be ready in all respect and would be published as early as possible.

6.

We see no reason to dispute the statement of Assistant Solicitor General of India, which is made in this Court, on instructions of the officer, who is present in this Court. This statement made by Assistant Solicitor General of India takes care of the grievance of the petitioner and grievance is accordingly redressed. We see no purpose in keeping

(4) the contempt petition pending before this Court. The contempt petition is accordingly disposed of. (MANISH PITALE) (PRASANNA B. VARALE) JUDGE JUDGE Tupe