The State Of Maharashtra And Others v. Shaikh Shakil Shaikh Mohammed

1 905-RA-183-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION NO. 183 OF 2018 IN WRIT PETITION NO. 3539 OF 2017 The State of Maharashtra and Ors.

...Applicants

Versus

Shaikh Shakil Shaikh Mohammed

...Respondent

Mr. S.P.Tiwari, Assistant Government Pleader for Applicants Mrs. A.N. Ansari, Advocate for Respondent CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 15th MARCH, 2019 ORAL ORDER:

1.

The learned Assistant Government Pleader submits that the respondent suppressed the fact of he being arrested and the complaint registered against him. In the original application filed before the Tribunal, he had mentioned that the Police had arrested him and released on the same day. As such, was aware of the complaint and FIR filed against him.

2.

We have heard the learned Counsel for the non-applicant. 3.

While deciding the Writ Petition No. 3539/2017 under order dated 23rd March, 2018, we had observed that the present non-

2 905-RA-183-2018 applicant had filed application seeking appointment on compassionate ground in the year 2002 and was issued with the appointment order in the year 2009.

4.

The case against the petitioner as contended is registered in the year 2008. So, there is no question of the criminal case being mentioned in the application made to the present applicant in the year 2002. We had also observed that the non-applicant is acquitted in the said case as the offence could not be proved against the respondent. We had also considered the nature of the offence. 5.

As far as the verification form is concerned, the case of the non-applicant is that on the date of discharge, the applicant could know that there was criminal case was filed.

6.

Considering the above, there is no error on the face of the record. The Review Application is rejected.

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE mta