B. Shailesh Saxena S/O. B. Prakash Chand Saxena v. The State Of Maharashtra And ANR

94-CriWP-455-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 94 CRIMINAL WRIT PETITION NO. 455 OF 2019 B. SHAILESH SAXENA S/O. B. PRAKASH CHAND SAXENA

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Petitioners : Mr. S.S. Khoche h/f Mr. Chaitanya S Deshmukh APP for Respondents: Smt. V.N. Patil-Jadhav ...

CORAM

:

T. V. NALAWADE AND M. G. SEWLIKAR, JJ.

DATE :

22nd FEBRUARY, 2021 PER COURT :- Seen the order dated 02-02-2021. The learned counsel for the petitioner is expected to show the Court that matter is tenable in the present form. On that day, nobody was present to prosecute the matter so the matter was adjourned today. Today, also time is sought. 2.

Following reliefs are claimed in the present matter. (A) The present Criminal Writ Petition may kindly be allowed.

(B) The Hon'ble High Court may be pleased to issue writ of mandamus or any other appropriate writ or order or direction in the nature of writ and thereby direct the respondent No. 2 to take appropriate action in respect of the complaint filed by the petitioner (Annexure "A").

( C ) Pending hearing and till final disposal of the writ petition, this Hon'ble High Court may be pleased to direct the respondent Nos. 1 and 2 to take

94-CriWP-455-19.odt appropriate action in respect of the complaint filed by the petitioner (Annexure "A').

(D) Ad-interim relief in terms of prayer clause ( C ) may kindly be granted.

(E) Any other suitable and equitable relief may kindly be granted in favour of the petitioner. 3.

Annexure "A" shows that the document was filed as memorandum of joint compromise filed by the plaintiffs and defendants and prayer was made to prepare a decree on the basis of memorandum and determine the shares as proposed. There is complaint dated 25-02-2019 given by present petitioner Shailesh Saxena, that is in respect of different incident. This petitioner is not sure about the relief, which he needs to get from the present Court. Reliefs of aforesaid nature which are in respect of aforesaid memorandum cannot be given by this Court. The Criminal Writ Petition is dismissed.

Sd/- Sd/- [ M. G. SEWLIKAR ] [ T. V. NALAWADE ] JUDGE JUDGE MTK