Nandlal Gaurishankar Joshi v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1484 OF 2022 Nandlal Gaurishankar Joshi Petitioner versus The State of Maharashtra Respondent Adv.Minal Chandnani with Adv.Zoheb Merchand, Advocate for Petitioner.

Adv.Meghna Gowalani, Advocate for Respondent nos.3 and 4. Mrs.M.H.Mhatre, APP, for State.

CORAM : A.S.GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 6th January 2023 PC :

1.

The Petitioner has already exhausted alternate remedy available under law by way of filing Civil Miscellaneous Application No.1269 of 2019 before District and Sessions Court, at Pune under Guardians and Wards Act, seeking custody of the corpus i.e. Master Harsh Nandlal Joshi.

2.

The Hon'ble Supreme Court in the case of Bombay Metropolitan Region Development Authority, Bombay Vs. Gokak Patel Volkart Limited and others 1, has held that once the Petitioner actually avails alternate remedy available to him, the Writ Petition MANISH SURESH THATTE MANISH SURESH THATTE Date: 2023.01.11 09:45:45 +0530 filed under Article 226 of Constitution of India should not be entertained.

(1998)1-SCC-642

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In view thereof, We find no reason to entertain this Petition and is accordingly dismissed.

(PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST