Sanjeeva Shetty v. The Commisioner Of Police , Thane (City) District-Thane And ANR

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12705 OF 2023 Sanjeeva Shetty .Petitioner Vs.

The Commissioner of Police, Thane (City), .Respondents District - Thane & anr.

WITH WRIT PETITION (ST) NO. 26909 OF 2023 Sindhu Tukaram Deshmukh .Petitioner Vs.

The Commissioner of Police, Thane (City), .Respondents District - Thane & anr.

Ms. Veena Thadani, Advocate, for the Petitioners Mr. S. D. Rayrikar, AGP, for Respondent Nos. 1 & 2 - State

CORAM

:

MADHAV J. JAMDAR, J.

DATE :

04.11.2023 P. C.

1.

Heard Ms. Thadani, learned counsel appearing for the Petitioners and Mr. Rayrikar, learned AGP appearing for the Respondent - State.

2.

The challenge in these Writ Petitions is to the legality and validity of the order dated 28.08.2023 passed by the Deputy Commissioner of Police, Thane.

3.

It is an admitted position that the Petitioners have also challenged the said order by fling an Appeal under Section 33 of the Bombay Police Act, 1951 and the said Appeal is pending.

4.

The grievance of the Petitioners is that the said Appeal or even the stay Application in the said Appeal is not being considered. Therefore, request is made to stay the impugned order dated 28.08.2023 passed by the Deputy Commissioner of Police, Thane.

5.

However, Mr. Rayrikar, learned AGP appearing for Respondent Nos. 1 & 2 - State, submits that he has received instructions that hearing of the said Appeal is scheduled on 06.11.2023.

6.

Accordingly, the following order is passed.

O R D E R (i) The Petitioners to appear before the Principal Secretary (Appeal & Security), Home Department, Mantralaya, Mumbai on 06.11.2023 at 11.30 a. m.;

(ii) The Principal Secretary (Appeal & Security) to hear

the Petitioners and dispose of the said Appeal or at least decide the stay application fled in the said Appeal by 10.11.2023. 7.

Accordingly, the Writ Petitions are disposed in above terms with no order as to costs.

8.

It is clarifed that this Court has not considered the merits of the Petitions and all the contentions in that behalf are expressly kept open.

(MADHAV J. JAMDAR, J.)