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2016 Supreme(Bom) 9

A.S.OKA, G.S.PATEL
Nikhil Wagle – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Shri S.V. Kotwal, the Advocate appointed as Amicus Curiae.
Shri Niteen V. Pradhan i/b Ms.Shubhada Khot and Ms. Ameeta Kuttikrishnan for the Petitioners.
Shri A.B. Vagyani, Government Pleader along with Mrs. M.P. Thakur, AGP and Shri C.P. Yadav, AGP and Ms. Tintina Hazarika for the Respondent Nos.1 to 3.
Shri Parag Vyas along with Shri Ashok R. Varma for the Respondent No.5 Union of India.

ORDER :

1. Rule has been already issued in this Public Interest Litigation and the same is pending for final disposal. This Public Interest Litigation has appeared on board from time to time under the caption of “Directions” for reporting compliance by the Union of India with the directions issued earlier. The occasion for filing the present Public Interest Litigation is an incident of the early morning of 28th November 2002 in Mumbai in which the Fourth Respondent, who is a popular Hindi Cinestar, was allegedly involved. During the pendency of this Petition, he was convicted by the Court of Sessions for various offences including those punishable under Section 304 Part II of the Indian Penal Code and Section 185 of the Motor Vehicles Act, 1988 (for short “M.V.Act”). It is alleged that he was found driving a car while he was under the influence of alcohol.

2. The order of conviction passed by the Sessions Court was set aside by learned Single Judge of this Court, Criminal Appeal No.572 of 2015 decided on 7th, 8th, 9th and 10th December 2015. Today, the learned Government Pleader on instructions states that the State Government has taken a decision to immediately prefer a Special Leav



















































































































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