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Bombay High CourtCP/465/2018disposed offdismissed for default

Tanaji Rambhau Shinde (C-4773), Open Prison, Paithan v. Sachin Ramesh Salave, Superintendent, Open Prison, Paithan And Another

2018-11-01Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Sunil K. Kotwal3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CONT. PETITION NO. 465 OF 2018 IN CRI. WP/420/2018 TANAJI RAMBHAU SHINDE (C-4773), OPEN PRISON, PAITHAN

VERSUS

SACHIN RAMESH SALAVE, SUPERINTENDENT, OPEN PRISON, PAITHAN AND ANOTHER ...

Advocate for Petitioner : Mr. Jaiswal Rupesh A. AGP for Respondents : Mr. A.R.Kale ...

CORAM : PRASANNA B. VARALE AND SUNIL K. KOTWAL, JJ.

DATE : NOVEMBER 1, 2018 O R D E R :

Perusal of the record shows that on 30.7.2018, by observing certain factual aspects, the Division Bench of this Court was pleased to direct the learned Principal District and Sessions Judge, Pune to initiate inquiry in respect of the delay caused in giving judicial appraisal. It was further directed that such inquiry shall be completed, as expeditiously as

cp465.18 possible, however, within three months from the date of the order. Then, it was further directed that the copy of the inquiry report be sent to the Registry of this Court.

2.

It may not be out of place to state that Criminal Writ Petition No. 420 of 2018 was already disposed of by this Court, by order dated 10.4.2018, and as such, the present petition was directed to be placed before this Court under caption, "for compliance of the directions/order of this Court, dated 1.11.2018".

3.

A detailed report is received. Perusal of the report shows that the learned Principal District and Sessions Judge, Pune conducted thorough inquiry and also issued certain directions including proposed departmental inquiry against the erring employees. It is not disputed by the learned counsel for the petitioner that the exercise of judicial appraisal is

cp465.18 already undertaken and the petitioner is granted benefit of provisions of pre-mature release from the prison.

4.

As the report disclosed that the directions issued by this Court are complied with in letter and spirit, we see no reason to keep the petition pending in this Court. The purpose of approaching this Court by way of contempt petition is already served. As such, the Contempt Petition is disposed of.

[SUNIL K. KOTWAL, J.] [PRASANNA B.VARALE, J.] dbm