Aayub Bashir Tadavi v. Sub Divisional Officer Faizpur Division Faizpur And Another

2024:BHC-AUG:20925 944 & 945.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1059 OF 2024 Aayub Bashir Tadavi

VERSUS

Sub Divisional Officer Faizpur Division Faizpur And Another ...

Advocate for the Petitioner : Mr. Patil Atmaram J APP for Respondent/State : Mr. A.A.A Khan AND CRIMINAL WRIT PETITION NO. 1054 OF 2024 Magan Murlidhar Karawale

VERSUS

Sub Divisional Officer And Another ...

Advocate for the Petitioner : Mr. Patil Atmaram J APP for Respondent/State : Mr. G.O. Wattamvar ...

CORAM : S.G. MEHARE, J.

DATED : SEPTEMBER 05, 2024 PER COURT:- 1.

These petitions have been filed against the order of the Sub Divisional Magistrate, Faizpur, District Jalgaon directing the petitioners to furnish the surety bond of Rs.1 lac for violating the earlier bond. The learned Sub Divisional Magistrate also directed the petitioners to deposit Rs.1 lac of the surety bond before the Executive Magistrate, under Section 93 read with Section 122(1)(c) of the Criminal Procedure Code. Every order passed by the Executive Magistrate under the Criminal Procedure Code for the above action is revisable before the Sessions Court.

944 & 945.odt (2) 2.

Learned counsel for the petitioners submits that the order is without jurisdiction. The Court is not agreeable with the submissions. It is a judicial order. Then the counsel for the petitioners sought leave to withdraw both petitions, to exercise appropriate remedy available under the law.

3.

Leave granted. In view of the above, both petitions stand dismissed as withdrawn.

(S.G. MEHARE, J.) Mujaheed//