1 ndm 21 wp.746.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 746 OF 2010 Rajesh Sarvaiya and ors. ... PETITIONERS Vs. The State of Maharashtra and anr. ... RESPONDENTS -------- Mr. Milin Desai i/b Mr. Ramesh Siroyaand Mahesh Kotian for Petitioners. Mr. P.S. Hingorani, APP for State. Mr. M.K. Kocherkar with Mr. Sandeep Kekone with Ms. Sadha Tiwari for Respondent No.2. -------- CORAM : B.R. GAVAI, J. DATE : 29 th March, 2010. P.C. 1 The Petitioners had approached this Court by way of Writ Petition No. 1876 of 2009 for the same reliefs, which arw claimed in the present Petition. The said petition came to be disposed by this Court vide order dated 25 th February, 2010. Since the counsel for the Petitioner sought liberty to withdraw the petition with liberty to agitate all the issues raised by the Petitioners in the said Petition before the learned trial Court, this petition is disposed of as withdrawn with liberty as prayed for. 2 For the same relief again the present petition has been filed. It appears that, when the matter was placed before the Hon’ble Justice 2 Kanade, who is now assigned to hear the criminal writ petitions, the learned counsel for the Respondents pointed out the fact regarding the earlier order being passed by this Court in Criminal Writ Petition No. 1876 of 2006 and therefore, the Hon’ble Justice Kanade directed the matter to be placed before me since the earlier order was passed by me. 3 The present Petition appears to be nothing else but an attempt of Bench hunting. From 15 th March, 2010 the roster assignment has been changed. Prior to change in roster, all criminal applications so also writ petitioners were assigned to me. However, after the change in roster, Criminal Applications under Section 482 have been assigned to this Court, whereas criminal writ petitions have been assigned to the bench presided over by the Hon’ble Justice Kanade. The present case clearly is an attempt to mislead the Court after the change in roster and take a charge before another Judge, by suppressing the order passed by earlier bench with respect to the same subject matter. 4 The Petition is therefore, dismissed with costs, which are quantified at Rs.10,000/-, to be paid to High Court Legal Services Committee within a period of 15 days from today. On non-payment of the aforesaid amount, suo moto proceedings against the Petitioners shall be initiated for the contempt of this Court. [ B.R. GAVAI, J ]