Khandesh Kamgar Utkarsh Sanghtana, Jalgaon Through Its Secretary Nitin Balkrushna Nemade v. The State Of Maharashtra And Others

1 333.2023WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.333 OF 2023 KHANDESH KAMGAR UTKARSH SANGHTANA, JALGAON THROUGH ITS SECRETARY NITIN BALKRUSHNA NEMADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the petitioner: Mr. P.V. Barde APP for the respondent - State : Mr. S.J. Salgare ...

CORAM

: MANGESH S. PATIL & M.M. SATHAYE, JJ.

DATE : 06 MARCH 2023 PC :

The petitioner is challenging the order passed by the respondent - Sub-Divisional Officer under section 144 of the Criminal Procedure Code, 1973. It is to be noted that pursuant to the provisions of sub-section 5 of section 144, the petitioner has filed this writ petition in his personal capacity and submitted an application to the selfsame authority for recalling of the order. This application was filed on 01.03.2023.

2.

The order under challenge would expire by tomorrow. Tomorrow is a holiday. Directing the respondent - Sub-Divisional Officer to take some decision on the application preferred under section 144(5) of the Cr.P.C. day after tomorrow, by which time, the order itself would have lived its life to the fullest, would have no meaning.

2 333.2023WP 3.

We dispose of the petition but observe that considering the application and exigencies stated therein, the respondent - SubDivisional Officer ought not to have sat over the application without taking any decision. His conduct in allowing the order that was sought to be reviewed to expire is deprecated.

[ M.M. SATHAYE ] [ MANGESH S. PATIL ] JUDGE JUDGE sga/