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Bombay High CourtWP/5038/2015others disposed off

Rajendra Narayan Jadhav v. The State Of Maharashtra And ORS

2018-01-15Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice B.R. Gavai2 pages

(20)-WP-5038-15.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5038 OF 2015 Shri. Rajendra Narayan Jadhav ..Petitioner

Versus

State of Maharashtra and others ..Respondents Mr. Rahul P. Walvekar, Advocate for the Petitioner. Mrs. M. H. Mhatre, APP for the Respondent - State. CORAM : B. R. GAVAI & B. P. COLABAWALLA, JJ.

DATE : 15th JANUARY, 2018 P.C.

1] The Petitioner has approached this Court for seeking writ of prohibition to restrain the Respondents from taking any coercive steps against the Petitioner's video game center namely "Dolphin Video Game". Learned counsel for the Petitioner relying on the judgment of the Division Bench of this Court dated 9th August 2016 in the bunch of Criminal Writ Petition No.1473 of 2006 and connected matters. 2] A similar grievance was raised before this Court in Criminal Writ Petition No.2494 of 2016. This Court has disposed of the Writ Petition vide order dated 6th September 2016. We are of the considered view that such a blanket restraint order as sought by the Petitioner cannot be granted.

BGP.

(20)-WP-5038-15.doc.

3] The Petition is disposed of with a direction that as long as the Petitioner continues to carry on activities, which are in accordance with law, there is no need for police to interfere. However, if the Respondents are of the view that on the basis of some cogent material continuance of the activities are contrary to the provisions of any of the law, the authority would be at liberty to take such steps as are permissible in law.

[B. P. COLABAWALLA, J.] [B. R. GAVAI, J.] BGP.