Shrikrushna H. Ambhore (In Jail) v. The Collector Washim And Others

1 cwp144.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.144 OF 2017 [Shrikrushna H. Ambhore .vs. The Collector, Washim and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.V. Deshmukh, Advocate for petitioner, Shri S.M. Ukey, APP for respondents.

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CORAM : B.R. GAVAI AND KUM. INDIRA JAIN, JJ.

DATED : FEBRUARY 22, 2017.

The petition has been filed for two fold reliefs : (i) seeking writ of habeas corpus on the ground that the petitioner had been illegally detained and (ii) for damages on account of illegal detention.

Insofar as the first relief is concerned, the learned counsel for the petitioner fairly concedes that the petitioner has been released yesterday. As such, the petition, insofar as first relief is concerned, stands rendered infructuous. Insofar as second relief about damages is concerned, the question as to whether the petitioner would be entitled for damages or not, in the event, if it is found entitled, then the quantum thereof can be decided by the civil court.

We, therefore, permit the petitioner to withdraw the petition in that regard with liberty to take recourse of alternate remedy available in law. JUDGE JUDGE Gulande