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Bombay High CourtABA/183/2024disposed off

R.R. Nair v. The Union Territory Of Dnh Daman And Diu And ORS

2024-01-22Hon'Ble Shri Justice N. J. Jamadar2 pages

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29.aba-183-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.183 OF 2024 R.R. Nair .....Applicant

Versus

The Union Territory of DNH Daman & Diu & Ors.

.... Respondents ----- Mr. Satyavrat Joshi, Advocate a/w. Sunny Punamiya i/b. Ms. Kinnari Mehta, for the Applicant.

Mr. Harsh Dedhia, Advocate i/b. H.S. Venegavkar, for the Respondent No.1.

Smt. M.H. Mhatre, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 22nd JANUARY, 2024 P.C. :

1.

In this matter, the Applicant is seeking anticipatory bail in connection with C.R. No.33/2023 registered with Moti Daman Police Station, Daman. It is to be noted that the same Applicant has filed Criminal Writ Petition No.3879/2023 before a Division Bench of this Court for quashing of the said FIR. In that Petition, a specific prayer is made as follows :

Deshmane(PS)

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29.aba-183-24.odt "c. Pending the hearing and final disposal of the petition, Respondent No.2 may be directed not to take any coercive action against the Petitioner including filing of charge-sheet in FIR No.33/2023"

2.

This prayer is clearly overlapping the relief claimed in the present Application. This is nothing short of forum shopping. Therefore, unless the Applicant deletes that prayer before the Division Bench, it would not be proper for this Court to entertain this Application.

3.

Stand over to 29.1.2024.

(SARANG V. KOTWAL, J.)