SHIVAJI SAKHARAM SHELAR Vs. R.H. MENDOGA

JUDGEMENT

(1.) SINCE a common question on similar set of facts arises for determination in both these petitions, they can be disposed of by this common judgment.

(2.) A short question which is already concluded by the Division Bench decision of this Court in Criminal Writ Petition No.1120 of 1995 decided on 8th August 1996, arises in both the petitions, but on behalf of the respondents, it is contended that the earlier decision of the Supreme Court on the said point was not brought to the notice of the Division Bench and, therefore, the same requires consideration.

(3.) THE necessary facts in order to understand the controversy in both the petitions, are as under: