From: Ms.Roshani S.Bafna c/o, B-13,Kety Nagar, Dahanu, Thane. Dt.10.7.2014 To, Honble Chief Justice High Court,Mumbai Ref.: 1) Complaint dt. 1.8.2012 2) Complaint dt. 21.1.2013 3) Complaint dt. 5.4.2013 4) Complaint dt. 19.7.2013 5) Complaint dt. 27.9.2013 6) Complaint dt. 7.3.2014 Sub.: Kindly direct Honble Justice Smt. Mridula Bhatkar ,court room no.17,not to thrust upon me the amicu-curiae in cr. appeal no. 1146/2013 ,cr.appeal no. 522/2014, cr.appeal no. 523/2014 pending before her. Respected Lordship, 1) I have lost faith in advocates appointed as amicu-curiae, as everytime I had bitter experience that either they do not study the case papers, or they remain absent before the court on date of hearing or they are managed / tampered / purchased by other side. 2) The Cr.Writ Petition No.1396/2012 was filed by me for challanging the confidential order dt.23.2.2012 passed by Principle Judge at Thane who has transfered 2 pending trials in which I was the complainant, from JMFC court room no. 1 to JMFC Court room No.2 at Dahanu. Pending the said Cr.W.P. 1396/2012, the court room no. 2 at Dahanu has carried proceedural injustice on me & without hearing me has acquitted all the accused who have cheated me & duped my huge amount which was given to me by my late mother for my survival. Hence by order dt. 2.8.2012 this Honble Court was pleased to convert the said Cr.W.P.1396/2012 into suo-motu Cr.Revision being No. 1 / 2012. Again by order dt.5.7.2013 the said Suo-motu Cr. revision no. 1/2012 has been converted into Cr. Appeal being No. 1146/2013, Cr.Appeal No. 522/2014, Cr.Appeal No.523/2014, by this Honble Court against the accused Ramniklal Shah & Natwarlal Shah ,who are builder at Dahanu ,under section 138 of Negotiable Instrument Act. All the time court notices were issued by the court to the accused as well as copies were served by me to the accused by registered post time to time. But not on single date accused neither remain present in person nor appeared through advocate. 3) On 10.1.2014 , the appeal being No. 1146/2013 was called out ,no accused were present in the court, hence I myself argued the matter fully before herladyship Smt.Mridula Bhatkar . The matter was adjourned to 17.1.2014, 24.1.2014, 7.2.2014. HerLadyship has appointed advocate Abhijeet Kulkarni as amicus curiae on 7.2.2014. Further the matter was adjourned to 7.3.2014, 14.3.2014, 21.3.2014, 2.4.2014, 16.4.2014, 2.5.2014, 8.5.2014 . On any dates neither accused nor amicus curiae were present before the court best reason known to them. On 8.5.2014 I filed the affdavit before the court. On 9.5.2014 her ladyship has appointed another amicus curiae advocate Shri UdayPuri, and the matter was adjourned to 19.6.2014. 4) As per the direction of Adv.UdayPuri I have given all the case papers of 3 appeal to Adv.Sheetal on 17.6.2014. before the court & the Honble Court has placed all 3 appeal togather for hearing on 19.6.2014. 5) On the date of hearing on 19.6.2014 when the cr. appeal no. 1146/2013, Cr. appeal No. 522/2014, & cr,Appeal No.523/2014 were called out neither advocate Abhijeet Kulkarni nor adv.UdayPuri nor Adv.Sheetal present before the court . I was sitting in the court and as soon as I went outside the court to call amicus curiae , the accused and theire advocate first time remain present before the court and obtained the adjournment for 3.7.2014. 6) On 3.7.2014, no amicus curiae were present before the court , hence I myself started arguing the matter. At that time court has refused me to argue without any reason and adjourned for 3 weeks. At that time I urged HerLadyship to hear me ,as 40 times I appeared in this matter,I have lost my health,all teeth and wealth and now under huge burdon of loan, but she point blank refused which gave me feeling of denial of justice. Hence very politely I stated that against this injustice on me I shall peacefully protest by fasting till I get justice. At that time herladyship got angry on me by stating that it is my destiny and sent clerk to call advocate Abhijeet Kulkarni and when he came ,the court has adjourned the matter for 3 weeks . 7) In this circumstances it is pertenant to place the facts which I had bitter experience on the same issue in the year 1994 , wherin I was denied to appear in person and thrusted upon me the amicus curiae and denied justice by Honble Chief Justice Shri Bhattacharji of this Honble Court ( who then made to resign for the violation of FERA ACT for accepting Rs.70 lakh from most wanted terrorist IQBAL MIRCHI) . At that time Honble Supreme Court was kind enough to set aside the harsh order passed by then Honble CJ.of this Honble Court who brought me on road by directing me to vacate the one room of residence at Shivaji Park,Mumbai ,my matrimonial house which was granted to me by order & judgment dt. 21.8.1992 in FCA No.37/1992 confirming the issue of cruelty on wife and rejecting the claim of my husband for the decree of Divorce. The said news along with said judges controversy was published by various leading newspapers at that time. The copy of one newspaper MID-DAY dt. 28.2.1995 is herein annexed for kind perusal. 8) Hence, I most respectfully urge Your Lordship kindly direct Honble Justice Smt.Mridula Bhatkar not to thrust upon me the advocate from amicus-curiae and be pleased to allow me to be heard in person. I honostly want to represent my own case as I know all the fact of my case.I want to place my genuine grivence myself before the Honble court, to decide my abovementioned cr.appeals on merit which is in the interest of justice. I shall be gratefully obliged for this act of kindness. Thanking You. Yours faithully, (Roshani Sukhraji Bafna)
Posted on: Wed, 09 Jul 2014 03:45:29 +0000
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