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Bombay High CourtWP/1069/2015dismissed

Satish S/O Gulabrao Wagh And ANR v. The State Of Maharashtra And ORS

2016-11-28Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice K. K. Sonawane2 pages

1069.2015Cri.WP+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1069 OF 2015 WITH CRIMINAL WRIT PETITION NO.1070 OF 2015 Satish s/o. Gulabrao Wagh and another PETITIONERS

VERSUS

The State of Maharashtra and others RESPONDENTS ...

Mr.S.S.Thombre, Advocate for the petitioners Mr.A.S.Kale holding for Mr.S.B.Talekar, Advocate for respondent no.6.

Mr.A.M.Phule, APP for Respondent - State ...

CORAM: S.S.SHINDE & K.K.SONAWANE,JJ.

Date: 28.11.2016 PER COURT:

1.

The learned counsel appearing for the petitioners, on instructions, seeks permission to withdraw the Petitions so as to enable the petitioners to avail of the appropriate remedy before appropriate forum, as available in law.

2.

The petitions are dismissed as withdrawn with liberty as prayed for. We

1069.2015Cri.WP+.odt clarify that the observations made in the orders passed by this Court earlier for calling report of the Principal District Judge, Jalna and also the fact finding report received from the Principal District Judge, Jalna, is confined to the adjudication of present petitions. We further clarify that, in the event the petitioners initiate / file proceedings for redressal of their grievance taking recourse to remedy as available in law, the concerned Court/Forum shall not get influenced by the observations made by this Court in the earlier orders or the enquiry report submitted by the Principal District Judge, Jalna, and decide those proceedings in accordance with law uninfluenced by the earlier orders passed by this Court or fact finding report of the Principal District Judge, Jalna.

[K.K.SONAWANE] [S.S.SHINDE] JUDGE JUDGE DDC