Dr. Safuddin Ahmed S/O. Tasaddul Husain v. Dr. Kalpana Madhavrao Bhise And Others

wp801of17.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION 801 OF 2017 (Dr.Safuddin Ahmed s/o. Tasaddul Hussain ..Vs..Dr. Kalpana Mahadeorao Bhise & ors.) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms. Maira Ateeb, counsel for petitioner.

Mr. V.S. Mishra, counsel for respondent 1 & 2. Mr.V.P. Gangane, APP for respondent 3.

CORAM: ROHIT B. DEO, J.

DATE: 7 th MARCH, 2018.

Heard.

This petition was argued extensively by learned counsel Ms. Maira Ateeb on 5.3.2018.

Although, the respective counsels were heard at length, the petition was listed today to enable the learned counsel to satisfy this Court, from material on record and by pointing out the precedents, if any, that prima facie case under section 420 of the Indian Penal Code is made out. However, when the matter is called out, the learned counsel states that she be discharged since the petitioner would like to personally address the Court.

wp801of17.odt 2 The request is not only unusual, is not fair either to the counsel for the respondents or to this Court or to the justice dispensation system.

However, subject to payment of cost of Rs. 10,000/- to be deposited by the petitioner with the High Court Legal Aid Sub Committee, Nagpur, the learned counsel and other counsels on record are discharged and the petitioner is permitted to argue in person on 15.3.2018. Although, the learned counsel is discharged, she shall communicate the petitioner the gist of this order and the fact that the petition is listed on 15.3.2018. If the cost of Rs. 10,000/- are not deposited on or before 15.3.2018, the criminal writ petition shall stand dismissed without further reference to Court. JUDGE rsb