← Library
Bombay High CourtAPPLN/4495/2023dismissed

Vishal Nana Patil v. The State Of Maharashtra And Another

2024-04-10Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:7738-DB 1 Cri. 4495 /2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CRIMINAL APPLICATION NO. 4495 OF 2023 VISHAL NANA PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

None present for applicant APP for the respondent - State : Mr. N.R. Dayama ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 10 APRIL 2024 PC :

None was present for the applicant in the first session when the matter was called out and none is present even after the matter was passed over and again called out in the second session. 2.

It is pointed out by the Office that already the request of the applicant was refused to be conceded to on merits and it is thereafter that he has filed criminal application no. 892 of 2023 which was disposed of by order dated 15-03-2023 by a division bench to which one of us (Mangesh S. Patil, J.) was a party. 3.

This is gross abuse of the process of law. The earlier application for quashment was heard and the Court had expressed its dis-inclination to grant any relief on merits that the applicant had withdrawn the application without seeking any liberty to file another application for the selfsame relief. The practice is condemned.

2 Cri. 4495 /2023 4.

We dismiss the application by imposing costs of Rs.5,000/- (Rs. Five Thousand) on the applicant which he shall deposit within four weeks else the recovery shall be made as if it is arrears of the land revenue.

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/