Vijay Atmaram Girhe (In Jail) v. State Of Maharashtra Thr. The Secretary Home Department,

1308wp142.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.142 OF 2019 (Vijay Atmaram Girhe vs. The State of Maharashtra and another) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri G.I. Dipwani, Advocate (appointed) for petitioner. Shri M.K. Pathan, Additional Public Prosecutor for respondents.

--------- CORAM : P.N. DESHMUKH AND PUSHPA V. GANEDIWALA, JJ.

DATED : AUGUST 13, 2019 Challenge in this petition is to order dated 30/9/2008 passed by respondent no.1 on the basis of guidelines issued vide Government Resolution dated 11/4/2008 placing the petitioner in category No. 7(b) of the guidelines as "escapee".

Shri Pathan, learned Additional Public Prosecutor for respondents, has pointed out that in Criminal Writ Petition No.266/2009 decided by the Division Bench of this Court on 23/3/2010 same order was challenged by the petitioner and the said petition was dismissed.

In that view of the matter, we find that impugned order was already challenged by the petitioner in above referred criminal writ petition, which was dismissed on merits. Therefore, this petition is not tenable. Hence, the petition is dismissed.

1308wp142.19 2/2 Fee payable to learned Counsel appointed for petitioner is quantified as rupees fifteen hundred. JUDGE JUDGE khj