Vijay Tashwant Gaykhe And ANR v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL WRIT PETITION NO. 2973 OF 2015 Vijay Yashwant Gaykhe & Anr.

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Petitioners

Versus

The State of Maharashtra & Ors.

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Respondents Mrs. Vrishali Raje, Advocate for the petitioners Ms. P. H. Kantharia, APP for the State PSI A. D. Kedare, Niphad Police Station, Nashik Rural - present in Court.

CORAM:-RANJIT MORE & V. L. ACHLIYA, JJ.

DATED : -21/08/2015 P. C.:

By this petition, the petitioners are seeking direction to the Commissioner of Police, Nashik and/or Superintendent of Police, Nashik to provide police protection to the petitioners for the purpose of attending the Court and their activities on their fields at village Chandori, Taluka Niphad. The learned counsel for the petitioners contends that the petitioners are being granted protection by the Superintendent of Police, Nashik Rural, however, it is 1/3

granted from Niphad Police Station to the place Chandori where the petitioner's land is situated. The petitioners are residing at Nashik within the jurisdiction of Sarkarwada Police Station falling within the jurisdiction of Nashik City. The petitioners want police protection from their house situated at Sarkarwada to Nashik Court as well as village Dindori where their lands are situated. The petitioners are ready and willing to bear expenses of the police escort.

Ms. Kantharia, learned APP having taken instructions from Mr. A. D. Kedare, PSI of Niphad Police Station Nashik Rural, makes a statement, that the petitioners make an application to the Commissioner of Police, appropriate decision would be taken to provide police protection subject to payment of cost. In the light of above statement, the petition is disposed of with liberty to the petitioners to make an application to the Commissioner of Police Nashik for police protection for the purposes of attending the Court and their activities on their fields at village Chandori, Taluka Niphad. In the even such an application is made, the Commission Nashik shall decide the same as 2/3

expeditiously as possible and in any event within a period of eight days from the date of receipt thereof.

The petitioners' application for police protection shall not be rejected on the ground that the agricultural property of the petitioners are located within the jurisdiction of Niphad Police Station i.e beyond the jurisdiction of Nashik Commissionerate. (V. L. ACHLIYA, J.) (RANJIT MORE, J.) md.saleem 3/3