Mahesh Parshuram Kadam v. The Tree Authority Of City Of Thane And ORS

SLJ 2-WP-4086-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4086 OF 2018 Mahesh Parshuram Kadam

...Petitioner

V/s.

The Tree Authority of City of Thane And Ors.

...Respondents

Mr. Sachin R. Pawar for Petitioner.

Mr. Nikhil Ghate i/by Mr. Sandeep Mishra for Respondent Nos.2 & 3. Mrs. M.H.Mhatre, A.P.P. for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 4th JANUARY, 2023.

P.C.:- .

Present Criminal Writ Petition is filed with cause title having ' Original Jurisdiction'

. The same is not maintainable in the eyes of law. 2.

By the present Petition, Petitioner has prayed that, Criminal Complaint No.831 of 2014 filed against Respondent Nos.2 and 3 before the Judicial Magistrate which was dismissed for non prosecution be restored. It is the settled position of law that, a Petition under Article 226 of the Constitution of India impugning a judicial Order is not maintainable. Reliance is placed on the decision in the case of Radhey Shyam & Anr. Vs. Chhabi Nath and Ors. Reported in (2015) 5 SCC 423. 3.

According to us, petition is thoroughly frivolous and is dismissed in limine.

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 1/1 SAJAKALI LIYAKAT JAMADAR by SAJAKALI LIYAKAT JAMADAR Date:

2023.01.09 14:42:08 +0530