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2006 Supreme(Bom) 1749

B.H.MARLAPALLE, NARESH H.PATIL
HIGH Court ON ITS OWN MOTION – Appellant
Versus
GOPINATH MUNDHE – Respondent


JUDGMENT

B. H. MARLAPALLE, J. :- Criminal Writ Petition No. 622 of 1996 praying for directions to hand over the investigations in C. R. No. 69 of 1996 registered with the Police Station at Indapur, Dist. Pune, in respect of the attack on the police station, to the Central Bureau of Investigation was admitted on 128-1996 and the Minister of State for Agriculture, Maharashtra State was allowed to be impleaded as the respondent No.5 in the said petition. It appears that when the petition came up for hearing, it was informed that by exercising powers under section 321 of the Criminal Procedure Code the prosecution came to be withdrawn in Sessions Case No. 37 of 1996 which had originated from C. R. No. 69 of 1996. The Division Bench, therefore, took a serious note of this action on the part of the State Government and called for the original record. On perusal of the original file called from the Home Ministry and after hearing all the parties concerned by a detailed order dated 2-12-2003 the Division Bench recorded a prima facie case of contempt within the meaning of section 2(c) of the Contempt of Courts Act, 1971 ("the Act" for short) against the following three persons:

(i) Shri Gop





















































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