Damodharlal S/O Girdharilal Khinchi v. State Of Maharashtra, Thr. Commissioner Of Police And Additional District Magistrate, Ngp And Other

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPW) NO. 88/2015 IN CRIMINAL WRIT PETITION NO. 309/2015.

Shri Damodharlal Girdharilal Khinchi -VERSUSState of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P.DHARMADHIKARI & P.N. DESHMUKH, JJ.

DATE : JULY 03, 2015.

Heard Shri S.K. Soni, learned Counsel for the applicant/appellant and Shri R.S. Nayak, learned A.P.P. for respondent nos. 1 to 3.

2.

This Court has issued notice in Criminal Writ Petition No. 309/2015 on 17.06.2015 and it is made returnable today. However, learned Counsel on account of his illness could not complete the procedural formalities.

3.

Criminal Application No.88/2015 is being pressed, pointing out that a water tap in the room in

petitioner's hotel, on which seal has been placed has stated leaking and needs urgent repairs. The petitioner claims that he has approached the Commissioner, who functions as Magistrate under the provisions of Section 18B of the Immoral Traffic (Prevention) Act, 1956 but, the Commissioner has still not taken any steps.

4.

Learned A.P.P. is opposing intervention of this court. He submits that appropriate orders are to be passed by the Commissioner only.

5.

However, considering the nature of grievance made and as the petitioner has agreed to carry out the repairs of the leaking tap at his own expenses, if seal is removed and has also agreed to permit the authorities to re-seal the room after said repairs, we grant prayer made by the applicant/petitioner.

6.

Accordingly Criminal Application No.88/2015 is allowed and the respondents Authorities are directed to remove the seal, after petitioner has made arrangement for repairs and to refix the said seal after such repairs. The time of repairs and for removal of seal shall be mutually

agreed and arranged between the petitioner and the respondent no.3. Criminal Application stands disposed of accordingly.

7.

Learned A.P.P. is seeking time of two weeks to file reply to the main Writ Petition. Time granted. List the Writ Petition on 17.07.2015. JUDGE JUDGE Rgd.