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Bombay High CourtWP/4552/2018others disposed off

Kamlesh Uttam Bhillore Alias Pardeshi And ORS. v. Commissioner Of Police And ORS.

2019-01-04Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

wp.4552.18.6.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4552 OF 2018 Kamlesh Uttam Bhillore Alias Pardeshi & Ors.

...Petitioners

Versus

Commissioner of Police & Ors.

...Respondents

Mr. Harshad E. Palwe i/b Mr. Pratik Ramnarayan Kalantri for the Petitioners Mr. Deepak Thakare, P.P a/w Mrs. S. D. Shinde, A.P.P for the State/Respondents CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

FRIDAY, 4 th JANUARY 2019 P.C. :

Petitioners claim that they have approached this Court in representative capacity to air the grievance of the residents. It is their submission that business of prostitution is being carried out in neighbourhood and though few charge-sheets have been filed by police, premises have not been sealed. Prayer in petition is, therefore, to initiate action under Section 18 of the Prevention of Immoral Trafficking Act 1956.

SQ Pathan 1/2

wp.4552.18.6.doc Learned P.P for respondents, without prejudice to contentions available on facts, points out that petitioners are seeking a mandamus without making proper representations. Representations annexed are too general.

We have perused representations. Representations point out not only prostitution but other crimes. There is no prayer to proceed under Section 18 (supra). Record shows that police machinery has, in the past, taken some cognizance of these crimes. Hence, without observing anything more, we grant petitioners leave to make a proper representation bringing on record necessary facts so as to enable authorities to consider their request for initiating steps under Section 18. If such representation is made within three weeks from today, authority shall consider it in accordance with law within next six weeks.

With these directions, we dispose of writ petition. REVATI MOHITE DERE, J B. P. DHARMADHIKARI, J.

SQ Pathan 2/2