Waseem Shaikh Naziruddin Shaikh v. The State Of Maharashtra And Another

2024:BHC-AUG:2685-DB 1 961.Cri.WP.1496-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1496 OF 2023 WASEEM SHAIKH NAZIRUDDIN SHAIKH

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for the Petitioner : Mr. Dhage Babasaheb V. Addl.PP for Respondents/State : Mr. V.K. Kotecha ...

CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 7 FEBRUARY 2024 PER COURT :

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Heard. The petitioner is coming with following prayers : "B. Their Lordship be pleased to issue the writ of mandamus or any other appropriate writ or order or direction in the nature of mandamus directing the respondents before registration the First Information Report against the petitioner, he may be given notice or he may be summoned for inquiry to avoid the harassment and arrest in implication of false cases in the jurisdiction in the State of Maharashtra.

C. There Lordship be pleased to issue the writ of mandamus or any other appropriate writ in the nature of mandamus directing the respondents not to arrest the petitioner unless concrete evidence upon which complaint is based and disclosing the offence in grave nature like murder, rape, dacoity, robbery etc." 2.

We are afraid, irrespective of the apprehension being entertained by the petitioner for whatever reason, no such blanket directions as are

2 961.Cri.WP.1496-2023.doc being solicited can be issued in exercise of the power under Article 226 of the Constitution of India. The petition is dismissed. [ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb