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Bombay High CourtWP/3187/2017others disposed off

Sonu D. J. Through Its Prop. Sagar Rajaram Pagare And ORS v. The State Of Maharashtra And ORS

2018-01-17Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice B.R. Gavai2 pages

(19)-WP-3187-17.sxw BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3187 OF 2017 Sonu D. J. and others ..Petitioners

Versus

The State of Maharashtra and others ..Respondents Mr. Nitin Choudhari i/by Mr. Vivek V. Salunke, Advocate for the Petitioners.

Mrs. M. H. Mhatre, APP for the Respondent - State. CORAM: B. R. GAVAI & B. P. COLABAWALLA, JJ.

DATE: 17th JANUARY, 2018 P.C.:- 1] Heard Mr. Choudhari, learned Counsel appearing on behalf of the Petitioners and Mrs. Mhatre, learned APP appearing on behalf of the Respondent/State.

2] We find that Division Bench of this Court at Aurangabad Bench, in similar circumstances, has considered the issue and passed and order in the case of Shakti D.J. and others vs. The State of Maharashtra and Others in Criminal Writ Petition No.1568 of 2014, decided on 9th March, 2015, wherein the similar relief like in the present Petition was prayed for. The Division Bench disposed of the said Writ Petition with the following observations in para 6 :- 1/2

(19)-WP-3187-17.sxw "6. Therefore, this petition can conveniently be disposed of with the observations that, whoever wishes to do the business of playing Band or D.J. Sound System, he can do so in accordance with the relevant Rules and Laws and the guidelines given by the Apex Court. However, we make it clear that this court has not expressed any opinion about the N.C. Cases registered against the petitioners or any other businessmen and in that respect, the law will take its own course." 3] We also dispose of this Writ Petition in terms of the observations made in para 6 which is reproduced hereinabove, except in the present case, it is not brought to the notice of this Court that, any non-cognizable offences have been registered against the Petitioners.

4] With the above observations, the Writ Petition stands disposed of.

(B. P. COLABAWALLA, J. ) (B. R. GAVAI, J. ) 2/2