Bombay High Court
Ghanshyam Upadhay vs Central Bureau Of Investigation on 18 June, 2021
Author: N. J. Jamadar
Bench: S. S. Shinde, N. J. Jamadar
43-wp-1903-2021==.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1903 OF 2021
The State of Maharashtra
through Additional Chief Secretary
Home Department ...Petitioner
vs.
The Central Bureau of Investigation
through its Superintendent of Police ...Respondent
WITH
INTERIM APPLICATION NO. 1578 OF 2021
IN
WRIT PETITION NO. 1903 OF 2021
Dr. Jaishri Laxmanrao Patil ...Petitioner
vs.
The Central Bureau of Investigation ...Respondent
WITH
INTERIM APPLICATION NO. 1577 OF 2021
IN
WRIT PETITION NO. 1903 OF 2021
Ghanshyam Upadhay ...Petitioner
vs.
The Central Bureau of Investigation ...Respondent
***
Mr. Rafique Dada, Senior Advocate, a/w Mr. Darius Khambata,
Senior Advocate, Mr. Deepak Thakre, PP, Mr.Akshay Shinde, APP
Mr. Phiroz Mehta, Mr. Tushar Hathiramani for Petitioner-State in
WP/1903/2021.
Mr. Tushar Mehta, Solicitor General of India a/w. Mr. Anil C. Singh,
Addl.S.G., Mr. Sandesh D. Patil, Mr. Aditya Thakkar, Mr. D. P.
Singh, for Respondent No.2/CBI.
Mr.Subhash Jha i/b Law Global Advocates for Applicant/Intervener in
IA/1577/2021.
None for Applicant/Intervener in IA/1578/2021.
Shraddha Talekar, PS 1/3
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43-wp-1903-2021==.doc
CORAM : S. S. SHINDE &
N. J. JAMADAR, JJ.
DATE : JUNE 18, 2021
(THROUGH VIDEO CONFERENCE)
P.C.:
1. Heard the learned counsels for the parties.
2. The petitioner has tendered an affidavit in rejoinder to the affidavit in reply filed on behalf of the respondent-CBI. The affidavit in rejoinder is taken on record.
3. The petitioner has also tendered an affidavit in reply to Interim Application No.1577 of 2021 filed by Mr.Ghanshyam Upadhay. The affidavit in reply is taken on record.
4. The intervener-Mr. Ghanshyam Upadhay was the petitioner in one of the petitions which were heard and disposed of by the Division Bench of this Court by order dated 5th April 2021.
5. In this view of the matter, and for the reasons ascribed in the application for intervention, we allow the intervention application preferred by Mr. Ghanshyam Upadhay.
6. We have heard Mr. Rafique Dada, the learned Senior Counsel for the petitioner-State. Mr.Dada has concluded the submissions on behalf of the petitioner.
7. We have also heard Mr. Subhash Jha, the learned counsel for Shraddha Talekar, PS 2/3 ::: Uploaded on - 19/06/2021 ::: Downloaded on - 19/06/2021 22:13:37 ::: 43-wp-1903-2021==.doc the intervener-Mr.Ghanshyam Upadhay. Mr. Jha has concluded the submissions on behalf of the intervener.
8. Mr.Anil Singh, the learned Additional Solicitor General, seeks some accommodation so as to facilitate the learned Solicitor General to advance submissions on behalf of respondent-CBI. Mr. Anil Singh submits that the statement made on behalf of CBI, as recorded in the order dated 26th May 2021, may be continued.
9. The matter be listed on 21 st June 2021, First on Board as "Part-heard".
10. The statement made on behalf of CBI on 26 th May 2021, as recorded in the order dated 26 th May 2021, shall continue to operate till 22nd June 2021.
(N. J. JAMADAR, J.) (S. S. SHINDE, J.) Shraddha Talekar, PS 3/3 ::: Uploaded on - 19/06/2021 ::: Downloaded on - 19/06/2021 22:13:37 :::