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Bombay High CourtWP/1659/2025disposed off

Dnyanoba Sitaram Dhawale v. The State Of Maharashtra And Others

2025-12-11Hon'Ble Shri Justice Sandipkumar C. More,Hon'Ble Shri Justice Y. G. Khobragade2 pages

(1) 948 Cri. W. P. No. 1659-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 CRIMINAL WRIT PETITION NO. 1659 OF 2025 DNYANOBA SITARAM DHAWALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Rajendra V. Dasalkar APP for Respondent/State: Mr. V.M. Jaware ...

CORAM :

SANDIPKUMAR C. MORE AND Y.G. KHOBRAGADE, JJ.

DATED : DECEMBER 11, 2025 ORDER:- 1.

The learned counsel for the petitioner is seeking direction to respondent No.5 i.e. Police Inspector, Partur Police Station, District Jalna to provide adequate police protection to the petitioner for erecting wire fencing between Gut No. 189 belonging to the State Government and the petitioner's land Gut No. 188 and 190, situated at village Warfal, Taluka Partur, District Jalna. 2.

Though the learned A.P.P. seeks time to take instructions, but during the course of arguments, it is revealed that the petitioner has already obtained injunction from the competent Civil Court at Jalna. He has also deposited an amount of Rs. 28,560/- as per the direction of Taluka Magistrate i.e. Tahsildar. However, if he is having injunction granted by the competent Civil Court in his favour, then he can file the

(2) 948 Cri. W. P. No. 1659-2025.odt application for police protection in that Court itself and therefore, we are of the opinion that the petitioner should file application before the competent Civil Court for getting the police protection and under the orders of the Court, he can redress his grievance of erecting fencing, as aforesaid. Therefore, when the petitioner has already obtained the orders of competent Civil Court of prohibitory injunction, there is no need to pass direction as prayed in this petition, at this juncture. 3.

In view of the same, the petition stands disposed of. (Y.G. KHOBRAGADE) (SANDIPKUMAR C. MORE) JUDGE JUDGE YSK/