Shamrao Kisan Bharadi Alias Jogi Alias Gaikwad And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.946 OF 2018 IN CRIMINAL WRIT PETITION NO.176 OF 2018 Shamrao Kisan Bharadi @ Jogi @ Gaikwad & ors ... Versus ...

The State of Maharashtra & ors.

...

Mr. N.V. Gaware, Advocate for the petitioners Mr. S.M. Ganachari, AGP for the respondent No.1/State ...

CORAM :

P.B. VARALE & SMT. VIBHA KANKANWADI,JJ.

DATE :

21st DECEMBER, 2018 PER COURT :

Heard Mr. N.V. Gaware, the learned counsel appearing for the petitioners. Though Mr. Gaware in his detail submissions invited our attention to the earlier orders passed by the learned trial Court as well as by this Court and submitted that the response on the application dated 12.10.2018 by the Police Authorities by way of notice dated 12.10.2018, copy of the same is placed on record at Exh.'R', it is in a way of non

CP_946_2018 compliance of the order. On a query made by us to the counsel that when we referred to a document placed on record i.e. an application submitted by the petitioner to the Superintendent of Police, Ahmednagar dated 12.10.2018, the learned counsel fairly submitted that this representation is not giving all the necessary details. The learned counsel submitted that the petitioner be permitted to submit a proper and comprehensive representation to the authorities referring to the facts of the matter as well as the orders passed by the trial Court and the orders passed by the learned Single Judge of this Court as well as the Division Bench of this Court, so as to apprise the Police authorities about the reasons prompting the petitioner to approach the authorities seeking police protection.

The learned counsel submitted that such a representation would be filed within one week from today. The learned AGP submitted that notice was only to seek detail information from the petitioner and the reason is that the matter is pretty old and the necessary documents were not available with the concerned police station and there were no intention to commit any breach of the order of this Court. The learned AGP submitted that the police authorities are bound to comply the order of this Court.

CP_946_2018 submitted that if fresh application is submitted by the petitioner, the concerned police authorities would act immediately on the merits of the application.

In our opinion, considering the statement made by the learned AGP and also considering the submission of the learned counsel that the petitioners are ready to approach the police authorities by filing a comprehensive representation within one week, the petition itself can be disposed of by permitting the petitioners to file application within one week and further directing the respondents to take appropriate action of receiving the application. Needless to state that on the background of the orders passed by this Court, take action expeditiously and not later than two weeks. Hence, petition is disposed of.

( Smt. Vibha Kankanwadi ) ( P.B. Varale ) JUDGE JUDGE agd