Babulal Sona Ravidas v. The State Of Maharashtra

909 wp 1452.19.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1452 of 2019 Babulal Sona Ravidas ....Petitioner versus The State of Maharashtra ....Respondent Mr. Ganesh K. Gole i/b. Mr. Aarif Ali M. Ali, advocate for the petitioner. Mrs. Aruna S. Pai, APP for the State.

CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

DATE : 12th JUNE, 2019.

P. C. :

Heard learned counsel and learned APP for the State. 2.

Initially, the petition is filed challenging the order dated 12th March, 2019, passed by the Commissioner of Police under Section 18(1) (a) and 18(1)(b) of the Immoral Traffic (Prevention) Act, 1956. Subsequent to this order, the subject premises was sealed on 26th March, 2019. Thereafter, the petitioner has amended the petition and challenged the sealing of the subject premises by the Officers of the Office of Commissioner of Police.

3.

Mr. Gole, learned counsel for the petitioner, at the outset, submitted that he is not pressing relief claimed in prayer clause (a), Shubhada S Kadam 1/2

909 wp 1452.19.doc meaning thereby, that he is not challenging the order passed by the Commissioner of Police under Section 18(1)(a) and 18(1)(b) of the said Act. He, however, submitted that the Commissioner having passed order under Section 18(1)(b) could not have sealed the premises subsequently on 26th March, 2019.

4.

Mrs. Pai, learned APP, having taken instructions from the officer concerned, makes a statement that the subject premises which were sealed on 26th March, 2019 will be de-sealed by tomorrow and the possession of the same will be handed over to the petitioner. The statement is accepted as undertaking to this Court. 5.

In the light of the statement made by learned APP, Mr. Gole, learned counsel for the petitioner, fairly submitted that the grievance raised in the petition no more survives. The writ petition is, accordingly, dismissed.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2