1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL REVISION APPLICATION NO.111 OF 2016.
APPLICANT: Gowardhan Haridhan Rathod,
aged about 39 years, Occu: Agrist.
R/o Village Somnath Nagar, Tq.
Manora, Distt.Washim, Nagpur.
: VERSUS :
NON-APPLICANT: State of Maharashtra,
through Police Station Officer,
Police Station - Manora, Distt.Washim.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Mr. A.A.Gupta, Advocate for the applicant.
Mr.H.D. Dubey, Additional Public Prosecutor for non-applicant/State.
Mr.S.V.Sirpurkar, Advocate for the Intervenor.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
CORAM: P.N.DESHMUKH, J.
DATED : 11th APRIL, 2017.
ORAL JUDGMENT :
1. Admit. Heard finally by consent of learned counsel of parties.
2. By this Criminal Revision Application, challenge is made to order dated 17th June, 2016 passed by Additional Sessions Judge, Mangrulpir in Sessions Trial No.44 of 2014, vide which accused no.4 Dnyaneshwar Babusing Rathod was granted pardon which, according to applicant, was prima facie erroneous ::: Uploaded on - 12/04/2017 ::: Downloaded on - 14/04/2017 01:07:46 ::: 2 and unsustainable in law. As such, by filing present proceedings said order is prayed to be quashed.
3. Learned Counsel Shri S.V.Sirpurkar appearing for Intervenor makes a statement at bar that said accused no.4 Dnyaneshwar Rathod had thereafter placed on record an application, Exh.359, in the Sessions case seeking withdrawal of pardon granted to him. Copy of said application is taken on record and marked 'X' for identification. It appears that inspite of obtaining say of prosecution, said application is pending before the learned trial Court as according to the say of prosecution, present Revision is stated to be pending before this Court and thus appropriate orders are solicited as per law. 4, Considering statement made at bar by learned counsel for the Intervenor, as above, this Criminal Revision Application appears to be rendered infructuous and learned trial Judge shall decide application, Exh.359 according to law.
5. In that view of the matter, Criminal Revision is dismissed.
Needless to say that in the event Application, Exh.359 ::: Uploaded on - 12/04/2017 ::: Downloaded on - 14/04/2017 01:07:46 ::: 3 is decided against accused no.2 Dnyaneshwar, the applicant shall be at liberty to take recourse to remedy available in law.
R. and P. be sent back to the learned Trial Court forthwith.
JUDGE.
chute ::: Uploaded on - 12/04/2017 ::: Downloaded on - 14/04/2017 01:07:46 :::