Santosh S/O Ramsahahe Chauhan v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1371 OF 2016 Santosh s/o Ramsahane Chauhan ...PETITIONER

VERSUS

1) The State of Maharashtra, (Through its Secretary, Home Department, Mantralaya, Mumbai-32),

2) Commissioner of Police, Aurangabad,

3) Police Inspector, M.I.D.C. Waluj Police Station, Aurangabad,

4) A.P.I. Vitthalsing Rajput, M.I.D.C. Waluj Police Station, Aurangabad.

...RESPONDENTS ...

Mr.N.S. Ghanekar Advocate for Petitioner.

Mr.P.G. Borade, A.P.P. for Respondents.

...

CORAM: S.S. SHINDE AND P.R. BORA, JJ.

DATE : 21ST DECEMBER, 2016

ORDER :

1.

Heard the learned counsel appearing for the Petitioner and learned A.P.P. appearing for the State. It is the case of the Petitioner that he had filed representation to the Police Inspector, MIDC Waluj Police Station, Aurangabad on 13th October 2016 and also addressed the representation to the Commissioner of Police, Aurangabad, however both the authorities have not considered the grievance raised by the Petitioner in the said representations.

2.

It appears from the perusal of the representations that there are serious allegations made against Respondent No.4. In that view of the matter, we deem it appropriate to direct Respondent No.2 to decide the representation filed by the Petitioner, on its own merits, after summoning the record from M.I.D.C. Waluj Police Station and after personally satisfying himself,

and take the decision on the representation of the Petitioner dated 13th October 2016, if already not decided, as expeditiously as possible, however within EIGHT WEEKS from today and inform the said decision to the Petitioner and it is accordingly directed.

3.

We make it clear that we have not expressed any opinion on the merits of the matter and left it open for the consideration of Respondent No.2.

4.

With the above observations, the Writ Petition stands disposed of.

5.

Parties to act upon authenticated copy of this order.

[P.R. BORA, J.] [S.S. SHINDE, J.] asb/DEC16