Shantanu Sitaram @ Anil Divekar v. The State Of Maharashtra, Through Its Principal Secretary, Home Department

2023:BHC-AS:28054-DB Patil-SR 2988-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2988 OF 2023 Shantanu Sitaram @ Anil Divekar

...Petitioner.

V/s.

The State of Maharashtra & Another.

...Respondents.

Mr. Sanjeev Sawant, Mr.B.K. Barve, Mr. Sandeep Barve i/by B.K.Barve & Co. for the Petitioner.

Ms. M.H. Mhatre, APP for the Respondent-State. CORAM :A.S. GADKARI & SHARMILA U. DESHMUKH, JJ.

DATE :21st September, 2023.

P. C. :

1.

Learned APP on instructions from Mr. Dhananjay Jagdane, Desk Officer, Home Department, Mantralaya submitted that, the proposal of Petitioner for categorizing him, as contemplated under section 432 of the Code of Criminal Procedure, is forwarded by the Superintendent, Kolhapur Central Prison, to the Home Department. She on instructions further submitted that, the Home Department will decide the proposal for categorising Petitioner within a period of 3 months from today. The said statement is accepted.

2.

Present petition therefore as of today does not survive and is 1/ 2

Patil-SR 2988-23.doc accordingly disposed off.

3.

It is needless to mention that, the Petitioner will be at liberty to challenge his categorization as contemplated under section 432 of the Code of Criminal Procedure, if he is aggrieved by it. (SHARMILA U. DESHMUKH, J.) (A.S. GADKARI, J.) 2/ 2