Syed Gani S/O Syed Abdul Rahman v. The State Of Maharashtra And Others

1 67-crwp1037.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1037 OF 2016 SYED GANI S/O SYED ABDUL RAHMAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS -- Mrs.S.T.Kazi, Advocate for petitioner Mr.A.R.Borulkar, APP for respondents -- CORAM : S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : OCTOBER 26, 2016 PER COURT :

Heard the learned Counsel appearing for the petitioner and the learned APP appearing for the respondents.

2.

By way of this petition under Article 226 of the Constitution of India, the petitioner seeks directions to the respondents to decide the representation filed by him on 20.02.2016. The petitioner further seeks direction for his release from the jail since, according to him, he has undergone the sentence.

2 67-crwp1037.odt 3.

Since the prayers made in this petition would require adjudication of facts inasmuch as the respondents/authorities will have to look into the record of the petitioner and verify, whether he has completed the total period of sentence and even as regards the prayer Clause "B" of this petition, the respondents/authorities will have to consider the said prayer in the light of the relevant rules, in our opinion, the interest of justice would be met if respondent no.3 is directed to look into the grievance of the petitioner and take decision as expeditiously as possible.

4.

In that view of the matter, we direct respondent no.3 to look into the grievance of the petitioner made in this petition as expeditiously as possible, however, within a period of six weeks from today. Respondent no.3 to consider this petition itself as a representation of the petitioner and then take appropriate decision.

3 67-crwp1037.odt 5.

With these directions, the petition stands disposed.

6.

The parties to act on authenticated copies of this order.

[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.] kbp