Citation : 2023 Latest Caselaw 11561 Bom
Judgement Date : 8 November, 2023
907. REVW(ST) 20982-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVIEW PETITION NO. REVW(ST) 20982 OF 2023
IN
CRIMINAL WRIT PETITION NO. 2901 OF 2023
ALONGWITH
INTERIM APPLICATION (ST) NO. 20984 OF 2023
ALONGWITH
CRIMINAL WRIT PETITION NO. 2901 OF 2023
Sachin Gopinath Kulkarni Through
Kiran Gopinath Kulkarni ...Petitioner
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Kiran G. Kulkarni, Petitioner in person, present.
Mrs. P.P.Shinde, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
DATE : 8 NOVEMBER, 2023 th
P.C. :
1. By this petition,the petitioner seeks the following prayers;
"(a) This Hon'ble High Court be pleased to review/modify the said order dated 04.08.2023 and thus said orders dated 24.07.2023 which are revised (signed/uploaded on 09.08.2023) passed by the Division Bench (Coram:Hon'ble Justice Revati Mohite- Dere and Hon'able Justice Gauri Godse).
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907. REVW(ST) 20982-2023.doc
b) Pending the hearing and final disposal of this review petition direct the registry to place the matter before any alternate equivalent Hon'able Div. bench or Hon'ble Chief Justice in larger public interest."
2. The order of which review/modification is sought i.e. the
order dated 4th August, 2023, passed by this Court in the aforesaid
petition reads thus;
"Not on board. Taken on board.
1. This matter has been produced for Speaking to the Minutes of the order dated 24th July 2023.
2. Learned Counsel for the petitioner submits that in the appearance column of the aforesaid order dated 24 th July 2023, the name of person, who appeared for the petitioner, is incorrectly mentioned as Mr.Sachin G. Kulkarni, instead of Mr.Kiran G. Kulkarni. He further submits that in the second sentence of paragraph 3, it is inadvertently stated that the 'police had sent two letters dated 12th August 2022 and 3rd April 2023 to the Petitioner', when infact only one letter dated 12 th August 2022 was sent to the Petitioner.
3. Accordingly, para 3 of the aforesaid order dated 24 July 2023, shall be corrected to read as under:-
th
"3. Learned APP relied on the order dated 6th January 2023, which is at Exhibit-H at page 88 of the petition. He submits that the Court while passing the said order dated 6th January 2023, was well aware that the police had sent one letter dated 12th August 2022 to the Petitioner
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907. REVW(ST) 20982-2023.doc
stating that they have filed/closed the complaint made by the Petitioner. The fact that one of the said closure letter was placed before the earlier bench is not disputed by the learned counsel for the Petitioner."
4. Similarly, the name appearing in the appearance column, be corrected as Mr. Kiran G. Kulkarni.
5. Rest of the order dated 24th July 2023 to remain as it is."
3. Although, the petitioner in-person has tendered written
notes of arguments alongwith the judgments on which he wants to
rely to review our order dated 4th August, 2023, we do not see any
merit in the arguments advanced by the petitioner in-person. The
judgments relied upon are clearly distinguishable. Infact, even the
Registry has made a noting that there is no power to review, as sought
for by the petitioner.
4. Considering the aforesaid, there is no merit in the
application. The application seeking review of the order dated 4 th
August, 2023 stands rejected.
GAURI GODSE, J. REVATI MOHITE DERE, J.
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Signed by: Rupali Wakodikar Designation: PA To Honourable Judge Date: 09/11/2023 16:29:58
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