Bhagwan Gramin Vikas Pratishthan Through Its Secretary S S Jaybhay And Another v. The State Of Maharashtra And Others

574.18WP FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ WRIT PETITION NO. 574 OF 2018 BHAGWAN GRAMIN VIKAS PRATISHTHAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the petitioner:Mr.S.R.

Andhale AGP for respondent/State:Mr.P.N. Kutti ...

CORAM: S.S.SHINDE & S.M. GAVHANE, JJ.

Dated: January 15, 2018 ...

Challenge is raised to the circular issued on 06.09.2017 by Deputy Secretary, Revenue and Forest Department, Government of Maharashtra, Mantralaya, Mumbai to the the District Collector, Ahmednagar, instructing to lodge First Information Report against such of individuals or the societies operating fodder depots on account of commission of irregularities.

2.

Learned AGP states on instructions

574.18WP that appropriate care would be taken to scrutinize each of the matter before lodging First Information Report.

3.

The decision taken by the authority on the basis of subjective satisfaction to initiate criminal prosecution and lodge First Information Report obviously would not be subjected to judicial scrutiny. It would be open for the petitioner to challenge final decision of respondents categorizing the petitioner in the black-list, as and when such decision is taken.

4.

In view of above, writ petition stands disposed of.

(S.M. GAVHANE,J) (S.S. SHINDE,J) SGA/