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Bombay High CourtWP/552/2015disposed off

Narayan S/O Rama Gaikwad v. The State Of Maharashtra And ANR

2015-06-09Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice A. I. S. Cheema2 pages

552.15crwp FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL WRIT PETITION NO. 552 OF 2015 NARAYAN S/O RAMA GAIKWAD

VERSUS

THE STATE OF MAHARASHTRA & ANR ...

Advocate for Petitioner :Mr. Sandanshiv M.B.

APP for Respondents/State: Mr.M.M. Nerlekar.

...

CORAM : S.S. SHINDE & A.I.S. CHEEMA, JJ.

Dated: JUNE 09, 2015 ...

Heard learned Counsel for the parties. This petition has been filed aggrieved by the inaction of the Superintendent of Police, Latur in not deciding the representation dated 20th August, 2014 filed by the petitioner.

We have carefully perused the contents of the said representation and prima facie, we find that the Superintendent of Police, Latur has no power or jurisdiction to consider the said representation inasmuch as, the entire evidence collected by the concerned Officer / Prosecution Agency was

552.15crwp subject matter before the Additional Sessions Judge, Latur. It was possible for the petitioner during the trial to invite certain findings / observations in case the Investigating Officer exceeded his jurisdiction or for any other action which was unwarranted against the petitioner. In that view of the matter, we do not find any reason to entertain this petition. Hence, the petition stands rejected.

(A.I.S. CHEEMA, J) (S.S. SHINDE, J) kadam/