Bombay High Court
Dr. Khan Abdul Nayeem S/O Abdul ... vs The Registrar, Maharashtra ... on 30 August, 2023
Bench: R.P. Mohite-Dere, Gauri Godse
905.7418.11 wp.doc
Iresh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL WRIT PETITION NO. 7418 OF 2011
Dr. Khan Abdul Nayeem S/o ...Petitioner
Abdul Karim Khan
Versus
The Registrar, Maharashtra ...Respondent
Council of Homeopathy
Mrs. Aisha Z. Ansari i/b Mr. A. R. Shaikh for the petitioner
Ms. Rebecca Gonsalves for the respondent no. 1/High Court.
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
DATE : 30th AUGUST 2023.
P.C. :
1. The aforesaid petition has been placed before us pursuant to the
letter dated 22nd August 2023 addressed to the Registrar (Judicial-II),
High Court, Appellate Side, Mumbai. In the said letter, it is stated that
the original records received from the Maharashtra Council of
Homeopathy which are kept in a sealed envelope in the custody of
Registrar (Judicial-II), High Court, Mumbai would be required in
connection with C.C. No. 86/SW/2014. It is further stated that the
905.7418.11 wp.doc
complainant- Registry of the High Court needs to produce true copies
as well as original copies which are kept in a sealed envelope, before
the 64th Metropolitan Magistrate, Mumbai. Pursuant to the said letter,
Registry has placed the petition before us.
2. Vide Judgment and Order dated 16th December 2013 passed by
this Court, (Coram: S.C. Dharmadhikari & Revati Mohite Dere, JJ.)
in Writ Petition No. 7418 of 2011, this Court in para 18 while
disposing of the Petition, passed the following directions:
"18. The Registrar (Judicial) of this Court is directed to
take into custody all the original record from the
Council as also pertaining to the writ petition filed in
this Court and after necessary scrutiny he should take
appropriate steps in terms of Section 340 of the Code of
Criminal Procedure."
3. Pursuant to the said direction, we are informed by Ms.
Gonsalves that the Registry of the High Court has taken steps in terms
of Section 340 of Code of Criminal Procedure by filing the complaint
in the Court of the Magistrate.
905.7418.11 wp.doc
4. Since the original documents which are kept in sealed envelope
are required in the Trial Court, we permit the Registrar (Judicial-I) to
open the sealed envelope for making certified copies/true copies of the
original documents received from the Maharashtra Council of
Homeopathy and to make available the certified/true copies as well as
original documents as evidence before 64 th Metropolitan Magistrate
Court, Esplanade, Mumbai, for trial.
5. Said certified copies/true copies as well as the original documents
be handed over to the Registrar (Legal and Research) for producing it
before 64th Metropolitan Magistrate Court, Esplanade, Mumbai and
thereafter, the original documents be handed over back to the
Registrar (Judicial-I), for keeping the same in safe custody till further
orders.
6. All parties to act on the authenticated copy of this order.
GAURI GODSE, J. REVATI MOHITE DERE, J.
Signed by: Iresh S. Mashal
Designation: PS To Honourable Judge
Date: 31/08/2023 17:01:42
