Gopichand Madhukar Khajure (In Jail) v. Divisional Commissioner, Amravati And Another

1 cwp318.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.318 OF 2016 [Gopichand Madhukar Khajure .vs. Divisional Commissioner, Amravati and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D. Chande, Advocate for the petitioner, Shri N.R. Rode, APP for the respondents.

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CORAM : B.P. DHARMADHIKARI AND A.S. CHANDURKAR, JJ.

DATED : SEPTEMBER 19, 2016.

We find that the documents are grossly insufficient to appreciate the seriousness of the disease. The certificate, dated 2.7.2014 itself mentions that it was issued after doing surgical treatment.

The petitioner has reported back late by about 36 days, but before passing of impugned order on 26.8.2014 rejecting extension. Thus, the health of his daughter, after 2.7.2014 and its progress thereafter, is important. In writ petition those details are not given.

In this situation, we grant petitioner leave to supply necessary documents to the respondents within a period of four weeks from today. If necessary documents are received by the respondents, it is open to them to verify the same and to find out whether late reporting can be a constraint or not.

With this direction, keeping all contentions open, writ petition is disposed of.

JUDGE JUDGE Gulande

2 cwp318.16.odt C E R T I F I C A T E "I certify that this order uploaded is a true and correct copy of original signed order."

Uploaded by : A.S. Gulande, P.A. Uploaded on : 20.09.2016