Bombay High CourtWP/242/2015dismissed

Suresh Narayan Dakhore (In Jail) v. The Divisional Commissioner, Amravati Division, Amravati And Another

2015-04-27Hon'Ble Shri Justice A.B. Chaudhari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1 2704cwp242.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 242 OF 2015.

Suresh Narayan Dakhore ..vs.. The Div.Commissioner, Amt.Div.Amt.& anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Mrs.S.P.Kulkarni Adv. (appointed) for the petitioner.

Mrs.N.Tripati, APP for respondents.

CORAM : A.B.CHAUDHARI AND P.N.DESHMUKH, JJ.

DATED : 27th APRIL, 2015.

Learned counsel for the petitioner fairly states that petitioner had made an application which was registered as Criminal Writ Petition No.111 of 2015 and that was dismissed by this Court on 13th of March, 2015. She further submits that before the said application was filed the petitioner had forwarded another application dated 10th of March, 2015 which is registered as Criminal Writ Petition No.242 of 2015.

The learned APP submits that the application is not maintainable in view of rejection already made and the prisoners should not have knowingly made the applications successively. We find substance in the submissions of learned Additional Public Prosecutor. We think the jail authority should apprise the prisoners not to apply and make duplication. The petitioner was very well knowing that he had already sent an application and still he sent another application on 10th of March, 2015. We, therefore, impose the fine of Rs.500/- upon the petitioner/prisoner which shall be recovered from the wages of the

2 2704cwp242.15.odt prisoner. Hence, the following order.

ORDER

Criminal Writ Petition No.242 of 2015 is dismissed. Jail authorities are directed to recover fine of Rs.500/- from the wages of the petitioner/prisoner and deposit in Jail account.

Jail authorities are expected to apprise the prisoners about the consequences of duplication of the applications. Fees to be paid to the learned counsel appointed for the petitioner is quantified at Rs.1500/-.

JUDGE JUDGE Chute.