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Bombay High CourtAPPW/272/2017others disposed off

Popat Nivrutti Salve v. The State Of Maharashtra

2018-03-14Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 9) appw272-17.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.272 OF 2017 IN CRIMINAL WRIT PETITION NO.3213 OF 2015 Popat Nivrutti Salve ..Applicant.

V/s.

State of Maharashtra & Ors.

..Respondents.

Mr.Ganesh M.Mohite for the applicant.

Mr.Y.Y.Dabke, APP for the respondent­State.

CORAM: NITIN W.SAMBRE, J.

DATE : MARCH 14, 2018 P.C.:­ The learned counsel for the applicant has moved this application for relaxation of condition imposed by this Court while deciding the criminal writ petition dated October 16, 2015. 2.

One of the important ground is that under the provisions of the Prevention of Immoral Traffic Act, 1988 ('PITA Act' for short) the premises cannot be sealed for more than one year. He submits that the period of one year after the premises were sealed is already over in 2016.

2 9) appw272-17.doc 3.

In that view of the matter, it will be appropriate if the present petition is disposed of with liberty to the petitioner to move before the Court before whom the prosecution is pending for re­sealing the premises. If such an application is moved by the petitioner, the same be decided without being influenced by the finding recorded by this Court in the order dated October 16, 2015.

(NITIN W.SAMBRE, J.)