✦ Bombay High Court · 05 Aug 2010

Makarand Sudhakar Deshpande v. The State of Maharashtra & Ors.

Writ Petition No. 2221 of 2010ANOOP V MOHTA, B H MARLAPALLE2 min read

Case at a glance

Outcome

Disposed of

Hence the petitions are disposed off with liberty to raise all

Provisions considered

Judgment

Shri Vikas Vilas Suryawanshi ....Petitioner Vs. The State of Maharashtra & Ors. .....Respondents 2 WITH Cri. W.P.2221/2010 CRIMINAL WRIT PETITION NO.2225 OF 2010 Shri Abhijit Mallikarjun Harage ....Petitioner Vs. The State of Maharashtra & Ors. .....Respondents Mr. A.M. Kulkarni, for the Petitioners in all the Petitions. Mr.P.A. Pol, P.P. for the Respondent State in all Petitions . CORAM : B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATED : 5TH AUGUST, 2010 P.C. We have heard Mr. Kulkarni, the learned Counsel for the petitioners. Mr. Pol, learned PP appears for the respondent State Authorities. The grievance raised in these group of petitions is common i.e. challenge to the show cause notice originally issued under Section 57 and subsequently amended by way of Corrigendum as the show cause notice under Section 55 of the Bombay Police Act and, therefore, these petitions have been heard together.

2.

Whether the Sub Divisional Police Officer, Sangli City Division, is empowered to issue the Corrigendum dated 14th June, 2010 is an issue which is required to be considered while deciding the show cause notice and the petitioners are at liberty to raise the 3 Cri. W.P.2221/2010 said contentions more so when Mr. Kulkarni has pointed out that the Superintendent of Police, Sangli passed an order on 15th May, 2010 under Section 59 of the Bombay Police Act, 1951 and appointed the Sub Divisional Polie Officer, City Division, Sangli as the Enqiry Officer in the externment case so initiated and in which the show cause notice has been issued.

Operative part

3.

Hence the petitions are disposed off with liberty to raise all issues in reply to the show cause notice. Mr. Pol, learned P.P. has given a list of cases pending against all the petitioners or the cases which are under investigation against them. If there are any further documents as set out under Section 59 of the Bombay Police Act, copies of the same shall be made available to the petitioners by the Enquiry Officer. (ANOOP V. MOHTA, J)

(B.H. MARLAPALLE, J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Hence the petitions are disposed off with liberty to raise all

Which statutory provisions did this judgment involve?

Bombay Police Act — ss. 55, 59; Bombay Police Act, 1951 — s. 59.

Which court decided this case, and when?

Bombay High Court, on 05 Aug 2010. The bench was ANOOP V MOHTA, B H MARLAPALLE.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Writ Petition No. 2221 of 2010). ← Search more judgments