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Bombay High CourtCP/489/2017disposed offdismissed for default

Mohiniraj Prabhakar Rajhans v. The State Of Maharashtra Through The Secretary Of Home Minister, Mantralaya, Mumbai And Others

2017-10-04Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice Mangesh S. Patil2 pages

( 1 ) 936 cp 489.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CONT. PETITION NO. 489 OF 2017 IN CRI. WP/965/2017 MOHINIRAJ PRABHAKAR RAJHANS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY OF HOME MINISTER, MANTRALAYA, MUMB ...

Advocate for Petitioner : Mr. Kanade Angad L AGP for Respondents/State : Mr. M.M. Nerlikar ...

CORAM : S.S. SHINDE & MANGESH S. PATIL, JJ.

DATE :

04.10.2017 P.C. :- .

This contempt petition alleges willful disobedience of the order passed by the Division Bench (Coram: S.S. Shinde & S.M. Gavhane, JJ.) dated 04.08.2017. At the outset, the learned A.P.P. appearing for the State on written instructions makes a statement that, even before passing the order by this Court on 04.08.2017, the application / representation filed by the petitioner seeking police protection was rejected, as the injunction was clamped against the petitioner by the Civil Court.

2.

Learned A.P.P. has tendered across the bar the communication, inter se between the Office of the Superintendent of

( 2 ) 936 cp 489.17 Police, Ahmednagar, and Assistant Police Inspector, Sonai Police Station, Ahmednagar, and the copy of the order dated 02.02.2016 passed by the Civil Judge Sernior Division, Newasa. The same are taken on record and marked 'X' and 'X1' respectively for identification purpose. 3.

Since the representations dated 05.06.2017 and 14.12.2016 filed by the petitioner were already decided even before passing of the order by this Court on 04.08.2017, in our opinion there is no question of willful disobedience, much less disobedience of the order passed by this Court on 04.08.2017. In that view of the matter, Contempt Petition stands disposed of.

[MANGESH S. PATIL, J.] [S.S. SHINDE, J.] mub