Bombay High CourtWP/317/2015other disposed off

Vaibhav S/O Sahebrao Kamble v. State Of Maharashtra, Through Its Secretary, Ministry Of Home Affairs, Mumbai And Others

2015-04-13Hon'Ble Shri Justice A.B. Chaudhari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

WP317-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Criminal Writ Petition No.317 of 2015 Shri Vaibhav s/o Sahebrao Kamble -Vrs.- The State of Mah. through its Secretary, Ministry of Home Affairs, Mantralaya, Mumbai.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

______________________________________________________________________________ Shri Y.V. Nayyar, advocate for petitioner.

Shri Sunil Manohar, learned Advocate General with Mrs. Dangre, Govt. Pleader for respondents - State.

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

DATED : 13 th APRIL, 2015 Following is the prayer clause (1) in the present writ petition.

"1. Issue writ of mandamus or any other appropriate Writ directing the respondent no.1 to 3 to direct CBI inquiry in the incidence dated 31.03.2015 of jailbreak registered vide Crime No. 3032/2015,State of Maharashtra Vs. Bisen Singh and others, registered by Police Station Dhantoli (Annexure-1) U/s 224 r/w sec. 34 of Indian Penal Code, in the interest of justice."

Upon hearing Shri Y.V. Nayyar, the learned counsel for the petitioner, and Shri Sunil Manohar, the learned Advocate General with Mrs. Dangre, Govt. Pleader of Maharashtra State and upon perusal of the record, we find that

WP317-15.odt the petitioner has not approached the State Government requesting for the reliefs sought from this court in the present writ petition before seeking the Writ of Mandamus from this court. It is a well settled legal position that the Writ of Mandamus cannot be issued in such eventuality. Though we have doubt about the locus-standi of the petitioner to maintain the present writ petition, we do not decide the question, but we hold that the petition is pre-mature. Hence, the following order.

Order.

Criminal Writ Petition No.317/2015 is not entertained and is disposed of.

JUDGE JUDGE Hirekhan