Bombay High Court
Jagjitsingh Kisansingh Gambhir vs The State Of Maharashtra on 9 June, 2022
Author: Prakash D. Naik
Bench: Prakash D. Naik
10-WP-3999-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3999 OF 2019
Jagjitsingh Kisansingh Gambhir ...Petitioner
Versus
The State Of Maharashtra ...Respondent
....
Mr. Amin Solkar i/by Ms. Misbah Solkar, Advocate for the
Petitioner/Applicant
Mr. Arfan Sait, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 9th JUNE, 2022.
PER COURT:
1. The Petitioner has been prosecuted for offence under the Maharashtra Control of Organised Crime Act, 1999 ( for short "MCOC Act"). He had preferred an application under Section 11 of MCOC Act which has been rejected by the trial Court.
2. Learned APP submitted that the proceedings were initially pending before the Special Court at Nashik. Subsequently, the proceedings have been transferred to the Special Court at Ahmednagar on account of notification. Learned APP has placed on record the communication dated 24th November, 2022 regarding transfer of the proceedings. The same is taken on record. Learned APP submitted that, in view of the transfer of proceedings to the Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR Date:
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10-WP-3999-2019.doc
trial Court at Ahmednagar, this bench has no jurisdiction to entertain this petition.
3. Learned counsel for the petitioner submitted that the impugned order was passed by the Special Court at Nashik and although the proceedings were transferred to the Court of Ahmednagar, the petition can be entertained by this bench. He also submitted that this fact was brought to the notice of this Court on the previous occasion. Learned APP however submitted that there is no order in that regard passed by this Court.
4. In light of the aforesaid factual aspects, the registry is requested to verify whether the petition can be heard by this Court or it is required to transferred to Aurangabad Bench of this Court.
5. Stand over to 23rd June, 2022.
(PRAKASH D. NAIK, J.)
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