Omprakash Bhaurao Kamdi And ... vs The State Of Maharashtra,Thr. Its ...
2022 Latest Caselaw 8341 Bom

                                       1                              901-CAO-465-2021.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH, NAGPUR
                      CIVIL APPLICATION (O) NO. 465 OF 2021
                 IN PUBLIC INTEREST LITIGATION NO. 25 OF 2014
           (Omprakash Bhaurao Kamdi & Ors. Vs. The State of Maharashtra & Ors.)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions                  Court's or Judge's order
and Registrar's orders.
       Shri S.S. Sarda h/f Shri R.M. Bhangde, Advocate for the petitioners.
       Shri D.P. Thakare, Additional Government Pleader for respondent Nos. 1 to 3/ State.
       Shri V.P. Ingle, Advocate for respondent No.4.
       Shri A.A. Naik, Advocate for respondent No.5.

       CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE : AUGUST 24, 2022.

This application has been moved in the Public Interest Litigation which has been disposed of. In this Civil Application, various prayers with regard to conduct of Regular Criminal Case No. 147/2002 that is pending before the learned Chief Judicial Magistrate, Nagpur have been sought.

It is seen that by order dated 7/11/2019, various directions were issued by this Court in the matter of conducting the aforesaid criminal proceedings by appointing a dedicated Court to complete the trial. It is seen that in the meanwhile on 27/6/2022, further directions were issued at the Principal Seat by which the trial Court was directed to proceed to hear the arguments of the defence but thereafter not to deliver the final judgment in view of the order dated 13/5/2022 passed by the Hon'ble Supreme Court. By that order, the Hon'ble Supreme Court has directed that the trial Court should complete the hearing of the arguments but the judgment should not be delivered.

In the light of the aforesaid orders, prayer Clauses (1) to (4) and (6) have been taken care of by issuing various directions. By observing that the matter would be governed by the orders dated 4/10/2019, 7/11/2019 and 27/6/2022 passed by this Court as well as the order dated 13/5/2022 passed by the Hon'ble Supreme Court, it is not necessary to further consider these prayers.

Insofar as prayer Clause (5) is concerned, by order dated 13/7/2022, Hon'ble Mr. Justice J.N. Patel (Retired) has been appointed as an authorised 2 901-CAO-465-2021.odt

officer to complete the enquiry under Section 88 of the Maharashtra Cooperative Societies Act, 1960.

It is informed that the enquiry is in progress. Hence, no further direction is required to be issued in that regard as regards prayer Clause (5) is concerned.

In view of aforesaid, it is not necessary to keep the present Civil Application pending. It is accordingly disposed of. CIVIL APPLICATION NO. 572/2020 In the light of the order dated 27/6/2022 passed at the Principal Seat, the learned Additional Government Pleader to obtain instructions as regards prayer Clause (3) in the Civil Application.

Stand over to 7/9/2022.

(URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.)

SUMIT

Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:24.08.2022 18:46