Bombay High Court
Mohd. Salim Mohd. Kudus Ansari vs The State Of Maharashtra And Anr on 6 February, 2019
Author: Revati Mohite Dere
Bench: B.P.Dharmadhikari, Revati Mohite Dere
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1181 OF 2014
Mohd. Salim Mohd. Kudus Ansari ... Petitioner
V/s.
The State of Maharashtra & Anr. ... Respondents
WITH
CRIMINAL WRIT PETITION NO. 1182 OF 2014
Mohd. Kasim Mohd. Hasin Shaikh ... Petitioner
V/s.
The State of Maharashtra & Anr. ... Respondents
WITH
CRIMINAL WRIT PETITION NO. 527 OF 2018
Vijay Jadhav ... Petitioner
V/s.
The State of Maharashtra & Anr. ... Respondents
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Mr. Payoshi I/b Dr. Yug Mohit Chouhan for the Petitioner.
Mr. Deepak Thakre, PP a/w F.R. Shaikh APP for Respondent/State.
Mr. Sandesh Patil I/b D.P.Singh for the Respondent/ UOI.
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CORAM : B.P.DHARMADHIKARI, &
REVATI MOHITE DERE, JJ.
DATE : 06th FEBRUARY, 2019 P.C.:
1. Heard respective learned Counsel. Perused order passed by this Bench on 16.01.2019.Sneha Chavan 1/3 ::: Uploaded on - 08/02/2019 ::: Downloaded on - 08/02/2019 22:32:39 :::
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2. Respective Counsel state that confirmation case and appeals are to be heard by the other Division Bench and hearing there cannot proceed unless and until challenge in these petitions is decided. We have also perused the orders obtained by Registry from the Hon'ble Chief Justice an Administrative Side.
3. To us anxiety appears to be to have constitutional validity of Section 376E of IPC determined by a Bench which is not influenced by the facts at hand. Moreover, all matters pertaining to women and children are to be heard by this Bench.
4. Learned Counsel for the Petitioners states that matters should be taken up for final hearing in week commencing from 18.02.2019.
5. Learned Counsel appearing for Union of India is seeking time till 2nd week of March 2019 as necessary arrangements are to be made by office of the Attorney General. Learned APP on behalf of State Government submits that Advocate General will be assisting to the Court, hence, matters be placed for hearing in 2 nd week of March 2019.
6. We find that issue is pending since 2014 and the matters are appearing before Court regularly. On 21.11.2018 after noticing joint request, we have placed the matters for final hearing on 14.01.2019.
7. We, therefore, fix the matters for final hearing on 20.02.2019. Sneha Chavan 2/3 ::: Uploaded on - 08/02/2019 ::: Downloaded on - 08/02/2019 22:32:39 :::
903 wp 1181-14 grp=.doc The earlier order show that Mr. A.H. Ponda has been appointed as Amicus.
8. The Registry as also respective Counsel are directed to communicate the date as fixed to learned Amicus. (REVATI MOHITE DERE, J.) (B.P.DHARMADHIKARI, J.) Sneha Chavan 3/3 ::: Uploaded on - 08/02/2019 ::: Downloaded on - 08/02/2019 22:32:39 :::