Puja Krishna Rathod v. The State Of Maharashtra And Others

wp10747.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 10747 OF 2016 Puja Krishna Rathod .. PETITIONER

VERSUS

State of Maharashtra & others .. RESPONDENTS Mr. Ravindra Nirmal, advocate for petitioner. Mr. V.M. Kangne, AGP for the State.

===== CORAM : R.M. BORDE & K.K. SONAWANE, JJ.

DATE : 24th OCTOBER, 2016.

PER COURT :

1.

Petitioner, who is wife of respondent no. 4, is requesting the Court to issue directions to respondents 2 and 3 to take action against respondent no. 4 since he has been convicted for offence punishable under section 498(A) of the Indian Penal Code.

2.

It is not a matter of dispute that respondent-husband has presented appeal challenging conviction and the same is pending and interim order directing enlargement of respondent herein on bail is passed. Respondent no. 4 is employed under Zilla Parishad, Solapur which is beyond the territorial jurisdiction exercisable by this Court. Even otherwise, petitioner prays for issuance of directions to respondents 2 and 3 to take disciplinary action against respondent no. 4 who is stated to be her husband. The petition is the outcome of personal animosity of petitioner with respondent no. 4 who is her husband. The extra ordinary jurisdiction under Article 226

wp10747.16.doc of the Constitution of India is required to be exercised to meet the ends of justice and not for satisfaction of the personal animosity of an individual petitioner. Writ petition is devoid of substance hence stands rejected. ( K. K. SONAWANE ) ( R. M. BORDE ) JUDGE JUDGE dyb