Yuvaraj Madhukar Patil v. Senior Police Inspector, Station House Officer And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6204 OF 2015 Yuvaraj Madhukar Patil ...

Petitioner.

V/s.

Senior Police Inspector, Nizampura Police Station and others.

...

Respondents.

Mrs.Prabha Uday Badadare for the petitioner.

A.I.Patel, AGP for the respondents.

CORAM : A.S. OKA AND C.V.BHADANG, JJ DATED :

22nd February 2016.

P.C. :

Heard the learned counsel appearing for the petitioner. The only substantive relief claimed in this petition is in terms of prayer clause (a), which reads thus:

"(a) This Hon'ble Court be pleased to direct the Respondents to allow Petitioner to run his hookah bar peacefully without any harassment, torture and threats of whatsoever nature by Respondents;"

In paragraph-16 of the petition, the petitioner has come out with the following case:

"16.

In spite of said judgment, Petitioner who is running his Restaurant lawfully by complying with all the necessary requirements under the law is getting

skn 2/2 6204.15-wp.sxw threats from Respondents No.1 to 3 at the instigation of some local media persons and as such, the Petitioner has been compelled to close down his business. The closing down of Petitioner's hookah bar is affecting Petitioner's business."

2.

The petitioner has not specified as to when threats were allegedly given by the first to third respondents. The second respondent is the Deputy Commissioner of Police, Zone-II and the third respondent is the Commissioner of Police, Thane. No particulars of any such threats are incorporated in the petition. In paragraph-17, it is alleged that the first to third respondents are threatening the petitioner that a criminal case would be filed against him.

3.

On the basis of such vague averments, the drastic relief, which is claimed under Article 226 of the Constitution of India, cannot be granted. Accordingly, the petition is rejected. (C.V. BHADANG, J) (A.S.OKA, J)