Ankita Kailash Khandelwal v. State of Maharashtra and Others

(Uday Umesh Lalit, Mohan M. Shantanagoudar and Vineet Saran, JJ.)

Ankita Kailash Khandelwal _________________________ Petitioner;

v.

State of Maharashtra and Others ___________________ Respondent(s).

Special Leave Petition (Criminal) Diary No(s). 10713/2020, decided on July 9, 2020

(IA No. 50141/2020 – Condonation of Delay in Refiling/Curing the Defects)

Special Leave Petition (Criminal) Diary No(s). 10713/2020; IA No. 2/2019; IA No. 3/2019; IA No. 4/2019; and IA No. 50141/2020

The Order of the court was delivered by

Order

1. Mr. Sidharth Luthra, learned Senior Advocate appearing for the petitioners submitted inter alia that;

(i) the petitioners have completed two years out of three years’ course and that they be allowed to complete the entire course. He stated that normally the students must go back to the same college but if permitting the petitioners to resume their studies in the same college is not feasible, the petitioners be accommodated in any other college to enable them to complete their studies. In support of the submission, reliance is placed on two examples cited by the petitioner at page “C” of the list of dates and synopsis.

(ii) the observation in para 10 of the order presupposes that the charges had to be framed. It was submitted that the matter be left for the consideration of the court concerned whether the charges need to be framed or not.

2. Delay condoned. Issue notice to the respondents confined to the aforesaid submissions. Ms. Indira Jaising, learned Senior Advocate appearing for Respondent complainant on caveat accepts notice. The other respondents be served through dasti mode as well.

3. Respondents 3 and 4 shall place on record the appropriate Regulations concerning the issue of transfer of students and shall also file its response with regard to the examples referred to at page “C” of the list of dates and synopsis as aforesaid. Mr. Siddharth Luthra, learned Senior Advocate shall also place on record the orders revoking the suspension of licence.

4. List for further consideration on 31.7.2020.

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