-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 105 OF 2008 IN CRIMINAL WRIT PETITION NO. 556 OF 2008 ALONG WITH CRIMINAL APPLICATION NO. 122 OF 2008 C. L. Anto ).. Petitioner Versus State of Maharashtra and others ).. Respondents Mr. C.L. Anto, Petitioner, present in person. Mrs. A.S. Pai, Additional Public Prosecutor, for the State. Mrs. Manjula Rao a/w Mr. Manish Rai for Respondent Nos.3 and 4 in Cri. W.P. No.556 of 2008. CORAM: SWATANTER KUMAR, C.J. & V.M . KANADE, J. DATE: JUNE 16, 2008. P.C. In this Application, various prayers have been made by the Petitioner, who appears in person. His primary contention is that the Order dated 16th October 2007, Exhibit “D” to Criminal Writ Petition No. 556 of 2008, was result of mis-representation before the Court and as such the same should be recalled and an order afresh be passed after -2- hearing him. 2. As far as the other prayers are concerned, the matter is already being heard by this Bench and as such both prayer Nos.1 and 2 do not survive and have become inconsequential. 3. We are of the considered view that, in view of the controversy raised by the Petitioner, the principles of judicial propriety demand that, Criminal Writ Petition No.556 of 2008, which questions the validity and prays for recall of the detailed order dated 16th October 2008, should be heard by the Bench (Dr.S. Radhakrishnan and Smt. R.S. Dalvi, JJ.) which passed the order. We, therefore, direct that this Petition should be placed before the same Bench which passed the order to consider whether the order dated 16th October 2008 be recalled or not. 4. In view of the above order, Criminal Application No.105 of 2008 and Criminal Application No.122 of 2008 do not survive and the same are disposed of accordingly. -3- 5. Criminal Writ Petition No.556 of 2008 be listed before the Bench of Dr.S. Radhakrishnan and Smt. R.S. Dalvi, JJ., on 11th July 2008. CHIEF JUSTICE V.M. KANADE, J.