bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRI. CRI. CRI. APPLICATION NO. 367 OF 2007 APPLICATION NO. 367 OF 2007 APPLICATION NO. 367 OF 2007 Devendra S. Doctor ... Applicant v/s The State of Maharashtra & anr. ... Respondents Applicant present in person. Mr.H.J.Dedhia, A.P.P. for the respondent No.1 State. Mr.Pranav Badhekar for the respondent No.2. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 16TH JUNE, 2008 16TH JUNE, 2008 16TH JUNE, 2008 P.C. P.C. P.C.: 1. This application has been filed by the applicant for the following reliefs:- (a) Pending the hearing and final disposal of this application, this Hon’ble High Court be pleased to stay the order passed in Criminal Appln. No.4138 of 2006. (b) This Hon’ble Court be pleased to revive the Cr. Appln. No.67 of 2007 in Criminal Application No.4138 of 2006. (c) This Hon’ble Court be pleased to expedite the hearing and final disposal of Criminal Application No.4138 of 2006. (d) This Hon’ble Court be pleased to vacate the stay passed by single bench of this Hon’ble Court as the order passed by the Hon’ble Court of Sessions is issued on the orders of the Hon. High Court in Writ 2 Petition No.451 of 2006 (Cr.Appeal No.178 of 2006). 2. The application was admitted on 18.9.2007 which has now come up for final hearing. (e) Any and other such order and directions as this Hon’ble Court may deem fit and proper. (f) Costs of this application. 3. It appears that Criminal Application No.4138 of 2006 was admitted on 7.11.2006. Rule was made returnable early. Ad-interim relief in terms of prayer clause (b) was granted. This means that further proceedings pending before the Additional Chief Metropolitan Magistrate, 4th Court at Girgaum in C.C.No.5/SW/2005, are stayed. 4. During the pendency of the present application, the applicant, who appears in person, has filed Criminal Application No.86 of 2008. In that application the applicant had sought the following prayers:- (a) Pending the hearing and final disposal of this application, within the time bound period this Hon’ble High Court be pleased to stay the order passed in Criminal Appln. No.4138 of 2006. IN THE ALTERNATIVE (b) This Hon’ble High Court be pleased to vacate the stay passed by the Single Bench of this Hon’ble High Court as the order passed by the Hon’ble Court of Sessions is issued on the orders of the Hon. High Court in Writ Petition No.451 of 2006 (Cr. Appeal No.178 of 2006). 3 IN THE ALTERNATIVE (C) Any and other such order and directions at this Hon’ble Court may deem fit and proper, in the interest of justice." 5. The application has been disposed of on 19.3.2008 by passing the following order:- "As per the administrative order passed by the Hon’ble the Chief Justice on 29th February, 2008, this application has been assigned to this Court. Heard the applicant appearing in person. By order dated 27th November, 2006 rule was issued in Criminal Application No.4138 of 2006 and for reasons recorded therein ad-interim relief was granted in terms of prayer clause (b). After having heard the applicant appearing in person and after perusing the application, I find that there is no reason to vacate or stay the interim relief granted by order dated 27th November, 2006. The Criminal Application is still pending for final hearing and therefore all contentions which are raised in this application can be always raised at the time of final hearing of the application. Subject to what is stated above, application is rejected. The applicant appearing in person seeks a certificate for preferring an appeal to Supreme Court. Prayer is rejected." 6. Prayer clause (b) of the Criminal Application No.86 of 2008 seeks to vacate the stay granted while admitting the Application No.4138 of 2006. The prayer made in the present application is for staying the order passed in the Cri. Application No.4138 of 2006 and to revive Criminal Application No.367 of 2008. It is obvious that the applicant is seeking the same relief in this application as was sought in Criminal Application No.86 of 2008. Apart from this, this Court cannot stay the 4 order passed at the time of admission by the learned Single Judge. If the applicant is aggrieved by the order passed by the learned Single Judge at the time of admission of the Criminal Application No.4138 of 2006, he has other remedies which he can avail of. 7. Under these circumstances, the criminal application is dismissed with costs. 8. The applicant’s prayer for a certificate for preferring an appeal to the Supreme Court is rejected.