Anwar Shah S/O Gafur Shah And ORS v. The State Of Maharashtra And ORS

crwp835.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL WRIT PETITION NO. 835 OF 2015 Anwar Shah s/o Gafur Shah and ors.

...Petitioners

VERSUS

The State of Maharashtra & ors.

...Respondents

.....

Shri Mujtaba Mustafa, advocate h/f/applicant/appellant Shri A.S.Shinde, A.P.P. for respondent/State .....

CORAM : A.B.CHAUDHARI & INDIRA K.JAIN, JJ.

DATED : 4th SEPTEMBER, 2015 O R D E R :

1] Following are the prayers in prayer clauses (B) and (E) in the present petition.

"(B) The impugned notice issued U/sec. 149 of Cr.P.C. issued by Respondent no.2 dated 15.06.2015 may kindly be quashed, set aside and be declared as null, void and illegal.

(E) Respondent no. 2 and 3 be directed to pay compensation and damages to petitioners."

2] We have seen the notice impugned issued under Section 149 of the Code of Criminal Procedure. We have perused the provisions of Section 149 of the Code of Criminal Procedure. 3] Upon reading of the notice, we see that mere notice has been given to maintain peace and tranquility. Action is not at all justiciable. The other reliefs claimed consequently are not tenable.

crwp835.15 4] Criminal Writ Petition is rejected summarily. [INDIRA K.JAIN, J.] [A.B.CHAUDHARI, J.] dbm/crwp835. 15