cwp580.15.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 580 OF 2015
Rajesh Birendra Pathak
aged about 39 yrs., Occp. Service,
r/o Sasti Open Cast Mine,
Ballarpur Area, WCL, Chandrapur,
Distt. Chandrapur. :: PETITIONER
.. Versus
..
Central Bureau of Investigation,
through Superintendent of Police
(CBI)/ACB, Civil Lines,
Nagpur. :: RESPONDENT
...................................................................................................................................
Shri R. M. Patwardhan, Advocate for the petitioner.
Shri Shyam Ahirkar, Special Counsel for the respondent.
...................................................................................................................................
CORAM : S. B. SHUKRE, J.
DATED : 28th JULY, 2016 O R A L J U D G M E N T O R A L J U D G M E N T
1. Heard.
2. Rule. Rule made returnable forthwith. Heard finally by consent.
3. There is no dispute about the fact that the case of the petitioner is squarely covered by the judgment rendered by this Court in Criminal Revision Application No. 126 of 2014 (Bibhas Chandra Singh Vs. State of Maharashtra) dated 24/12/2014. The allegations made against this applicant are similar to the allegations made against ::: Uploaded on - 02/08/2016 ::: Downloaded on - 03/08/2016 00:07:58 ::: cwp580.15.odt 2 the applicant in Criminal Revision Application No. 126 of 2014. In fact, this petitioner is also similarly situated to the petitioners in Criminal Writ Petition Nos. 44, 45, 46, 47 and 51 of 2015 all of whom have been discharged from Special Case No. 5/2011. The petitioner, therefore, cannot be discriminated against and deserves to be given the benefit of parity.
4. The writ petition is, therefore, allowed and discharge application stands allowed. Accordingly, the petitioner is discharged from Special Case No. 4/2011.
The impugned order is hereby quashed and set aside.
Rule is made absolute in these terms.
JUDGE wwl ::: Uploaded on - 02/08/2016 ::: Downloaded on - 03/08/2016 00:07:58 ::: cwp580.15.odt 3 CERTIFICATE "I certify that this Judgment uploaded is a true and correct copy of original signed Judgment."
Uploaded by : W.W. Lichade, P.A.
Uploaded on :02/8/2016 ::: Uploaded on - 02/08/2016 ::: Downloaded on - 03/08/2016 00:07:58 :::