Shri Dinesh Shivprasad Tiwari v. State Of Mah, Thr Secretary Of Home Department Mantralaya, Mumba-32

0207wp394.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.394 OF 2019 (Dinesh Shivprasad Tiwari 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 C.D. Wasade, Advocate (appointed) for petitioner. Shri M.K. Pathan, Additional Public Prosecutor for respondents.

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

DATED : JULY 2, 2019 Heard learned Counsel for the parties.

The only prayer in the petition is to grant remission to the petitioner as per Government Resolution dated 3/6/2017 issued in view of 125th Birth Anniversary of Dr. Babasaheb Ambedkar.

In the affidavit-in-reply placed on record, it is stated by respondent State that such remission has been declared vide Government Resolution dated 3/6/2017 and accordingly necessary communication was sent to learned Additional District and Sessions Judge, Akola for his opinion on 10/5/2019 and thereafter reminders are stated to be issued on 21/5/2019 and 6/6/2019. However, opinion is still awaited.

In view of above facts, we find no reason to keep petition pending as same can be disposed of by issuing direction to learned Additional District and

0207wp394.19 2/2 Sessions Judge, Akola. Hence, following order : The petition is disposed of with a direction to learned Additional District and Sessions Judge, Akola to decide the case of petitioner referred to him by respondent no.2 for grant of remission by his communications dated 10/5/2019, 21/5/2019 and 6/6/2019. We expect that necessary steps would be taken by the concerned Judicial Officer within a reasonable period, which should not exceed one month from the date of receipt of writ of this Court and further direct the competent Authority to take a decision within two weeks from the date of receipt of opinion from the learned Additional District and Sessions Judge, Akola. We grant liberty in favour of petitioner to take suitable steps in the event his request for remission is rejected. The fee payable to learned Counsel appointed for petitioner is quantified as rupees fifteen hundred.

JUDGE JUDGE khj