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Bombay High CourtCP/702/2017disposed offdismissed for default

Shaikh Gulam Rasool Shaikh Ibrahim v. Praveen Banger, Police Inspector And Investigation Officer, Police Station, Talwoada, Dist. Beed

2018-02-09Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

cp702.17 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.702 OF 2017 IN CRIMINAL WRIT PETITION NO.792 OF 2017 Shaikh Gulam Rasool S/o Shaikh Ibrahim ..PETITIONER

VERSUS

Shri Praveen Banger, Police Inspector & Investigation Officer, in Crime No.77/2016 Police Station Talwada, Tq. Georai, Dist. Beed ..RESPONDENT Mr M.S. Indani, Advocate for petitioner;

Mrs P.V. Diggikar, A.G.P. for respondent CORAM : PRASANNA B. VARALE AND SMT. VIBHA KANKANWADI, JJ DATE : 9th February, 2018 ORAL ORDER:

Heard Mr Indani, learned Counsel appearing on behalf of the petitioner.

2.

It was the submission of the petitioner that in spite of the order passed by the Division Bench of this Court, dated 12th August, 2017, directing the authority concerned, namely, the Investigating Officer to file a report before the learned Judicial Magistrate First Class, Georai within a stipulated period of three weeks from the date of the order, no steps are taken for compliance of the order of this Court and as such, the respondent committed a willful disobedience of the order of this Court.

cp702.17 (2) 3.

Learned Asstt. Govt. Pleader made available the communication forwarded to the office of the Public Prosecutor, dated 27th October, 2017 by the Assistant Police Inspector, police station, Talwada. It is stated in the communication that in view of the order passed by the Division Bench, the report i.e. "B" summary final report is submitted before the competent authority i.e. the learned Judicial Magistrate First Class, Georai on 26th October, 2017. The communication clearly shows that there is a compliance of the order of this Court in letter and spirit and that too within the stipulated period. As such, nothing remains in the contempt petition. Contempt Petition is disposed of accordingly. (SMT. VIBHA KANKANWADI, J.) (PRASANNA B. VARALE, J.) amj