Prashant Dnyandev Varal vs The State Of Maharashtra
2023 Latest Caselaw 8021 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD


                    CRIMINAL WRIT PETITION NO.202 OF 2022


                              PRASHANT DNYANDEO VARAL
                                        VERSUS
                             THE STATE OF MAHARASHTRA
                                            ...
Mr. Shirish Gupte, Senior Counsel i/b Mr. Abhishek R. Avachat, Advocate for
                                        petitioner
                           Mr. S.J. Salgare, APP for respondent
                                            ...

                                     CORAM :      SMT. VIBHA KANKANWADI
                                                  ABHAY S. WAGHWASE, JJ.

                                     RESERVED ON :              14th JULY, 2023
                                     PRONOUNCED ON :            08th AUGUST, 2023



ORDER :        (PER : SMT. VIBHA KANKANWADI, J.)




1              We have heard the submissions by learned Senior Counsel Mr.

Shirish Gupte instructed by learned Advocate Mr. Abhishek R. Avachat for the

petitioner and learned APP Mr. S.J. Salgare for the respondent. However, at

the time of study of the matter what could be seen was that the present

petition was, in fact, filed before the Principal Bench and it was Criminal Writ

Petition No.143 of 2018 and it was filed by one Rangnath Kisanrao Varal.

2 Cri.WP_202_2022

When the matter was before the Division Bench at the Principal Bench on

05.07.2018 following order was passed.

"1 The above Application has been filed for the relief that the Petitioner be directed to join the Applicant, who is the first informant, as party-Respondent No.2 to the above Petition and for the consequential amendments to be carried out.

2 There is no dispute about the fact that the Applicant is the first informant. However, considering the fact that the above Petition raises a challenge to the prior approval under the Maharashtra Control of Organised Crime Act, we are of the view that instead of joining the Applicant as a party-Respondent to the above Petition, the Applicant can be permitted to intervene in the above Writ Petition, so as to enable the learned counsel appearing for the Applicant to make submissions before this Court.

3 The Application is allowed to the aforesaid extent and is disposed of.

4 Writ Petition be listed for admission on 20th July, 2018."

That means, the Court had allowed the original informant to

intervene means the original informant was to be heard in the matter.

Thereafter also till 30.11.2021 the matter was before the Principal Bench and

the appearance of the Advocate for the informant is shown even on

3 Cri.WP_202_2022

30.11.2021. On that day it was pointed out that the petition is filed in

respect of a First Information Report lodged at Parner Police Station, Dist.

Ahmednagar and the case arising therefrom was to be tried before Special

Court, under MCOCA, Nashik. It was then pointed out by both sides that

Special Court, under MCOCA, is then constituted at Ahmednagar and the

case is being tried there. The jurisdiction of this Court would be on the

orders passed by the Special Court, under MCOCA, Ahmednagar and instead

of filing a fresh petition the said petition was transferred to this Bench, for

which the respondent had no objection. That is how the matter came before

this Court and it was then numbered as 'Criminal Writ Petition No.202 of

2022'. It was before the Division Bench on many occasions and it appears

that due to the paucity of time or by consent the matter could not be taken

up. Thereafter on 30.06.2022 at the request of learned Advocate for the

petitioner the matter was adjourned. We would like to say that after the

transfer of the said case and even on 30.06.2022 no notice was issued to the

original informant, who was allowed to intervene. Though the learned

Advocate there was representing the original informant; yet, he did not cause

any appearance before this Court. Thereafter also the matter was adjourned

and it was not brought to the notice of this Court that the original informant

is also required to be heard. The matter was adjourned as a matter of last

chance with directions to the respondent-Government to file affidavit-in-

4 Cri.WP_202_2022

reply, if any. On 23.03.2023. Such affidavit was not filed and then on

13.04.2023 and further dates the matter came to be adjourned. We had

heard part of the submissions on behalf of the petitioner on 30.06.2023, but

need was felt to have a copy of earlier charge sheet of Crime No.159/2014

registered with Parner Police Station, therefore, with the directions to the

learned APP the matter was adjourned. Even at that point of time, it was not

brought to the notice of this Court that in the past such an order regarding

allowing the intervention was passed. Thereafter, we had heard the

submissions of both sides on 14.07.2023 and the matter was reserved for

Judgment, but as aforesaid, while studying the matter this fact is now noted.

In view of the specific order, definitely, the chance is required to be given to

the original informant to make submissions. Therefore, we direct that notice

be issued to the original informant Rangnath Kisanrao Varal, to be made

returnable on 29.08.2023.

(ABHAY S. WAGHWASE, J.) ( SMT. VIBHA KANKANWADI, J. )

agd