Dadasaheb Kushabapu Pawar v. The State Of Maharashtra And Others

1 924-cri.wp 580-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 580 OF 2022 Dadasaheb Kushabapu Pawar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Ajinkya Kale, Advocate i/by Talekar and Associates, for the Petitioner.

Mr. D. R.Kale, P.P. for the Respondents-State. CORAM :

SARANG V. KOTWAL AND BHARAT P. DESHPANDE, JJ.

DATED : 28th JUNE 2022.

PER COURT :- .

The petitioner wants police protection. He had earlier approached this Court vide Criminal Writ Petition No. 45 of 2022. Earlier, the Division Bench of this Court has directed the petitioner to approach the Superintendent of Police, Ahmednagar on 25.02.2022. The Superintendent of Police, Ahmednagar was directed to hear the petitioner and to take decision afresh about police protection to be granted. Pursuant to the said order, the Superintendent of Police, Ahmednagar passed the order dated 19.03.2022 informing the petitioner that he cannot be provided police protection without charging fees. He was given option to seek police protection by making

2 924-cri.wp 580-2022.odt payment of charges.

2.

Learned counsel for the petitioner submits that the petitioner is not in a position to make this payment. He is willing to furnish further documents to support his claim that he is not in a position to make payment.

3.

Learned Public Prosecutor has pointed out that after carrying out the necessary enquiry, the Superintendent of Police, Ahmednagar arrived at this satisfaction and, therefore, there is no necessity to interfere with the same. However, the contents of letter does not indicate how serious was the threat perception. 4.

In this view of the matter and in the interest of justice, we are giving one more opportunity to the petitioner to approach the same authority. This time the petitioner will have to furnish more particulars and more documents to prove his claim that he is not in a position to make the necessary payment of charges. However, this is second round of enquiry. The petitioner will have to deposit certain amount by way of cost. Therefore, we pass the following order.

ORDER

(i) The Superintendent of Police, Ahmednagar shall again consider the petitioner's request for providing police protection

3 924-cri.wp 580-2022.odt without charging any fees. This enquiry shall be conducted within a period of one (01) month from the date when the petitioner first approaches again. Before conducting the enquiry the petitioner shall deposit an amount of Rs. 5000/- (Rs. Five Thousand only) in the office of the Superintendent of Police, Ahmednagar.

5.

With these observations, the Criminal Writ Petition is disposed of. ( BHARAT P. DESHPANDE ) ( SARANG V. KOTWAL ) JUDGE JUDGE P.S.B.