Shriram Ashruba Tangde v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 CRIMINAL APPLICATION NO.508 OF 2021 IN WP/1450/2020 WITH WP/1450/2020 SHRIRAM ASHRUBA TANGDE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Advocate for Applicant : Mr. Munde Dhanraj P. APP for Respondent-State: Mr. M. M. Nerlikar Advocate for Respondent No.2 : Mr. S. M. Ganachari Advocate for Petitioner in WP/1450/2020 : Mr. A. A. Nimbalkar .....

CORAM : V. K. JADHAV AND SANDIPKUMAR. C. MORE, JJ.

DATED : 24th JANUARY, 2022 PER COURT:- 1.

The petitioner in criminal writ petition No. 1450 of 2020 has filed an application before respondent No.2 Chief Executive Officer, Zilla Parishad, Jalna seeking sanction for prosecution of certain public servants in terms of the provisions of Section 197 of Cr.P.C. Thus, the petitioner in this petition has prayed for directions to respondent No.2 Chief Executive Officer, Zilla Parishad, Jalna to decide his application Exh.B within stipulated period and in time bound manner.

2.

Learned counsel appearing of the respondent No.2 Chief Executive Officer, Zilla Parishad, Jalna on, the basis of communication in writing, submits that the petitioner Pravin Tangade has himself made a statement on 19.4.2021 stating therein that he has no complaint against anyone and there is nothing objectionable in the administration of concerned Gram Panchayat.

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So far as this intervention application is concerned, the applicant is a villager. Learned counsel submits that on behalf of the applicant and other villagers, the petitioner has filed the said writ petition. Even when this Court has directed the petitioner in the writ petition to deposit the amount of Rs.50,000/- to test his bonafides, the villagers including the applicant have contributed to the said amount. Learned counsel submits that however, at present, the petitioner is acting favourably and on his own, withdrawing the allegations made against the Sarpanch and others, Learned counsel submits that thus the applicant has filed present intervention application.

4.

Learned counsel appearing for the petitioner in writ petition No. 1450 of 2020 submits that at present the petitioner is not responding and the counsel is thus going to issue notice to him for passing no instructions pursis.

5.

In the peculiar facts of the case and considering the serious allegations as made in para 11 of the intervention application, we allow this intervention application in terms of prayer clause "B". Criminal Application No. 508 of 2021 is accordingly disposed of. 6.

List the Criminal Writ Petition No. 1450 of 2020 on 14.2.2022. (SANDIPKUMAR. C. MORE, J.) (V. K. JADHAV, J.) rlj/