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Bombay High CourtWP/591/2022disposed off

Parmeshwar S/O Vankatrao Solunke v. State Of Maharashtra And ANR

2022-07-06Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice Virendrasingh Gyansingh Bisht3 pages

Digitally signed by SHAGUFTA Q PATHAN Date:

2022.07.07 19:03:13 +0530 SHAGUFTA Q PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 591 OF 2022 Parmeshwar s/o Vankatrao Solunke

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Abhishek Kulkarni for the Petitioner Mrs. M. M. Deshmukh, A.P.P for the Respondent Nos.1 to 5-State None for the Respondent No. 6 PI Mr. Vijaykumar A. Shinde from Vishrantwadi Police Station, Pune, is present CORAM : REVATI MOHITE DERE & V. G. BISHT, JJ.

WEDNESDAY, 6 th JULY 2022 P.C. :

By this petition, the petitioner has sought several reliefs. However, during the course of the hearing of this petition, the petitioner pressed for only prayer clauses (C) and (D). As far as other prayer clauses are concerned, learned counsel for the petitioner does not press the same i.e. prayer clauses (E) and (F). 1/3

As far as prayer clause (C) is concerned, the petitioner is seeking quashing and setting-aside of the notice dated 28th September 2021 issued by the respondent No.6 Vijaykumar Shinde, Police Inspector (Crime), Vishrantwadi Police Station, to the petitioner. Learned A.P.P, on instructions of the respondent No. 6, who is present in Court, makes a statement that the said notice issued under Section 149 of the Criminal Procedure Code, will be withdrawn by the respondent No.6, during the course of the day. Statement accepted.

In view of the aforesaid statement made by the learned A.P.P, prayer clause (C) does not survive.

As far as prayer clause (D) is concerned, the petitioner is praying for a direction that the application dated 26th August 2021 filed by the petitioner before the respondent authorities seeking police 2/3

protection be allowed and the petitioner be granted police protection. The said prayer cannot be considered by this Court, as the petitioner's application seeking police protection, is pending before the respondent authorities.

Learned A.P.P, on instructions, states that the said application dated 26th August 2020 of the petitioner seeking police protection will be decided by the appropriate authority within four weeks from today. Statement accepted.

In view of the aforesaid, nothing survives for further consideration in the petition. The petition is accordingly disposed of on the aforesaid terms.

All concerned to act on the authenticated copy of this order.

V. G. BISHT, J.

REVATI MOHITE DERE, J.

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