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Bombay High CourtWP/4543/2016others disposed off

Mangal Mhasku Rane And ORS v. The State Of Maharashtra And ORS

2019-09-26Hon'Ble Shri Justice S.S. Shinde2 pages

(928) wp-4543.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4543 OF 2016 Smt. Mangal Mhasku Rane and ors.

: Petitioners.

Versus

State of Maharashtra and ors.

: Respondents.

Mr. Shriram S Kulkarni i/by Mr. Rohan P Surve for the Petitioners. Mr. A R Patil, APP for the Respondent/State.

Mr. Rahul S Kadam for Respondent Nos.3 and 4.

CORAM

:

S. S. SHINDE, J DATE :

26th September 2019 P.C.

Heard the learned counsel for the parties. The Petitioners should have resorted to appropriate remedy for redressal of their grievance. However, it appears that the Petitioners approached the Tahsildar. The Tahsildar issued directions for police protection. Being aggrieved by the said directions, the contesting Respondents filed a Revision Application. In the Revision Application the order of the Tahsildar has been set aside. Taking overall view of the matter, this Court is of the opinion that the Petitioners did not resort to appropriate remedy available to them in law, and therefore, without entering into the contentions raised on merits, the ends of justice would be met in case the Petitioners are granted liberty to move the appropriate forum for seeking reliefs. It is made clear that the observations lgc

(928) wp-4543.16.odt made by the Tahsildar in his order as well as by the Sessions Court while deciding the Revision Application would not come in the way of the Petitioners for resorting to the appropriate remedy to move the appropriate forum. Equally the observations made by the Tahsildar in the impugned order will also not come in the way of contesting Respondents in case the Petitioners choose to resort to appropriate remedy for redressal of their grievances raised in this Writ Petition. Needless to observe that all the contentions raised on merits in this Writ Petition are kept open for being agitated at the appropriate stage before the appropriate forum. With the above observations, the Writ Petition stands disposed of.

[S. S. SHINDE , J] lgc