Pradeep S/O Shantarao Fuljhale v. State Of Maharashtra, Thr. Its Home Minister Of Maharashtra, Mumbai-32 And 2 Others

wp681.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL WRIT PETITION NO.681/2020 Pradeep S/o Shantarao Fuljhale ..Vs..

State of Maharashtra and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri N.R. Patil, Additional Public Prosecutor for the respondents. CORAM :- SUNIL B. SHUKRE AND AVINASH G. GHAROTE , JJ.

DATED :- 16.2.2021.

Nobody is present for the petitioner. Heard Shri Neeraj R. Patil, learned Additional Public Prosecutor for the respondents. He has a preliminary objection based upon the protection granted to the Governor under Article 361 of the Constitution of India. We agree with the contention of the learned Additional Public Prosecutor that in view of Article 361(2), which lays down that no criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office, this petition is not maintainable and is dismissed as such.

JUDGE JUDGE Tambaskar.