Anand S/O Kashiram Sapkale v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 710 OF 2016 (Anand s/o Kashiram Sapkale Vs. The State of Maharashtra and others) ---- Mr. N.R. Shaikh, Advocate for the Petitioner Mr. M.M. Nerlikar, A.P.P. for the respondent/State ---- CORAM :

S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : 14th September, 2016 PER COURT :

Heard the learned counsel for the petitioner and the learned A.P.P., representing the State. 2.

Respondent Nos. 4 to 12 are appointed way back in the years 1994 to 1998. By this petition, under Article 226 of the Constitution of India, the petitioner questions the legality of the documents submitted by those respondents/appointees eighteen years back and further prays for directions to respondent Nos. 2 and 3 to investigate into the matter.

3.

Upon going through the memo of the writ petition and the prayers made therein, we are not inclined to entertain such a prayer. The criminal writ

criwp710-2016 petition filed belatedly cannot be entertained. In case such petitions, filed belatedly, are entertained while exercising the writ jurisdiction after number of years of the appointments of the appointees, it would amount to abuse of the Court and the process of law. In that view of the matter, the criminal writ petition stands rejected.

4.

In view of rejection of the writ petition, Criminal Application No. 4982/2016, for permission to produce the additional documents, does not survive and stands rejected.

[SANGITRAO S. PATIL] [S.S. SHINDE] JUDGE JUDGE npj/criwp710-2016