Makarand Sudhakar Deshpande v. The State of Maharashtra & Ors.
Case at a glance
Outcome
Disposed of
Hence the petitions are disposed off with liberty to raise all
Provisions considered
- Bombay Police Act ss. 55, 59
- Bombay Police Act, 1951 s. 59
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.
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
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.