Tulsidas Nair vs State Of Maharashtra And Ors
2022 Latest Caselaw 11637 Bom

                                                                     7a. cri ia 463-22.doc

RMA
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO. 463 OF 2022
                                       IN
                       CRIMINAL APPLICATION NO. 35 OF 2016
                                       IN
                     CRIMINAL WRIT PETITION NO. 2178 OF 2012

      Tulsidar Naik                                   .. Applicant
                 Vs.
      State of Maharashra & Ors.                      .. Respondents

      Mr. Vinayak R. Kumbhar for Applicant / Petitioner
      Mr. S.S. Hulke, APP for State
      Mr. R.M. Machindar, PI, Protection Security Branch.

                                       CORAM : A.S. GADKARI &
                                               MILIND N. JADHAV, JJ.

                                       DATE       : 15th November, 2022.
      P.C.:

      .       By the present Interim Application, Applicant - original Petitioner

has prayed for the following reliefs:-

"(b) By a suitable order / direction, this Hon'ble Court be pleased to modify Judgment and Order dated 10.01.2022 passed by this Hon'ble Court in Criminal Application No. 35 of 2016 and Petitioner may be given opportunity to be heard afresh by taking assistance of legal practitioner and appropriate order be passed accordingly on merits;

(c) Pending the hearing and final disposal of the Interim Application, the operation, execution and implementation of the Impugned Order dated 10.01.2022 may be kindly stayed and the Order dated 25th October 2012 & 10th July 2013 in Criminal Writ Petition No. 2178 of 2012 be continued."

2. According to us, the present Application as filed is inter alia in

the form of a Review Petition. Perusal of Order dated 10.01.2022 and

in particular, paragraph No. 6 thereof clearly indicates that, Applicant

7a. cri ia 463-22.doc

was heard by the coordinate Bench. Even otherwise, today we have

given detailed hearing to the learned Advocate for the Applicant in the

present Application and therefore prayer clause (b) noted above is

worked out.

3. As far as prayer clause (c) is concerned, perusal of the original

record reveals that the coordinate Bench while passing the Order

dated 10.01.2022 has taken into consideration all the aspects which

were pointed out by both the sides.

4. We have again perused the original record and the notings of the

various Authorities including Deputy Commissioner of Police,

Protection Branch, Mumbai, who has recorded his concurrence with

his lower Authorities, regarding the threat perception to the life of

Applicant.

5. Perusal of the Order dated 10.01.2022 clearly indicates that it is

an elaborate speaking Order and all the aspects which were pointed

out to the coordinate Bench have been taken into consideration.

6. In view of the above, we find no merit in the Application and is

accordingly dismissed.

     [ MILIND N. JADHAV, J. ]                     [ A.S. GADKARI, J.]

          Digitally signed
          by RAVINDRA
RAVINDRA MOHAN
MOHAN    AMBERKAR
AMBERKAR Date:
          2022.11.16
          14:01:24 +0530