Shri. Gopinath Mesu Shejwal v. The State Of Maharashtra And Others

666.15crwp 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.666 OF 2015 SHRI. GOPINATH MESU SHEJWAL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr.S.B. Kadu.

APP for Respondents/State: Mr.A.V. Deshmukh.

...

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

Dated: JUNE 09, 2015 ...

Heard. Learned Counsel Counsel for the petitioner submits that in spite of filing Complaint Case in the year, 2011 (Exh.A colly. to the petition) with the Sub Divisional Officer, Shrirampur, no sanction is accorded to prosecute the respondents No.4 and 5. Therefore, he submits that the petition may be allowed.

On the other hand, learned APP submits that the Sub Divisional Officer has already initiated departmental inquiry. If the petitioner is aggrieved, he may avail any other remedy as available in law. However, certainly, the S.D.O., Shrirampur is not

666.15crwp the authority to accord sanction to prosecute the respondents No.4 and 5.

We have considered the submissions of the learned Counsel for the parties. Admittedly, the S.D.O. is not the appointing authority of the respondents No.4 and 5. The S.D.O. within his jurisdiction has already initiated departmental inquiry. If the petitioner is advised, he can avail the remedy as available in law for redressal of his grievance.

In the circumstances, petition stands rejected.

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