Citation : 2024 Latest Caselaw 378 Bom
Judgement Date : 8 January, 2024
RVC 37. WP 985-11.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.985 OF 2011
Smt. Charulata Rajendra Chavan & Anr. ... Petitioners
V/s.
The State of Maharashtra & Anr. ... Respondents
Mr. Uday Warunjikar a/w Mr. Samay Pawar i/b Satyavrat Joshi for the
Petitioners.
Mrs. A.A. Takalkar, APP for Respondent No.1-State.
CORAM : A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 8th January 2024. P.C. :
1) The Petitioners have impugned the judgment and Order dated
4th December, 2010 passed in Criminal Revision Application No.265 of 2010
by the learned Ad-hoc Additional Sessions Judge-1, Kolhapur.
2) It is the trite position of law that, an Order passed by the
Judicial Authority cannot be assailed under Article 226 of the Constitution of
India. Reliance is placed on the decisions of Hon'ble Supreme Court in the
cases of Naresh Shridhar Mirajkar Vs. State of Maharashtra, reported in AIR
1967 SC 1 and A.R. Antuley Vs. R.S. Nayak, reported in (1988) 2 SCC.
According to us, the Petition pertains to the assignment of the learned Single
Judge.
3) Remove from board.
( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. )
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