Dineshkumar Jagdish Katakwar v. State Of Maharashtra Thr. Secretary Department Of Home Mantralaya Mumbai And Others

WP673-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 673/2017 (DINESHKUMAR JAGDISH KATAKWAR VERSUS THE STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.S. Kurekar, counsel for the petitioner. Shri S.S. Doifode, A.P.P. for the respondent/State. CORAM : SMT. VASANTI A NAIK AND M.G. GIRATKAR, JJ.

DATE : AUGUST 11 , 2017.

By this criminal writ petition, the petitioner seeks a direction against the respondent nos.2 and 3 to register an offence against the respondent nos.4 to 8 for taking law in their hands and disturbing the smooth running of the liquor shop of the petitioner.

According to the petitioner, though the petitioner is running a liquor shop at village Risama, Taluka Amgaon with a valid license, the respondent nos.4 to 8, who are the women from the said village, are not permitting the petitioner to run the shop smoothly. It is stated that sometimes the women demonstrate in front of the shop of the petitioner and sometimes they have written to the authorities that they would commit self immolation if the shop is not closed. It is stated that since the petitioner is not able to run the shop smoothly, it would be necessary for the respondent nos.2 and 3 to register an offence against the respondent nos.4 to 8.

WP673-17 In the circumstances of the case, a direction cannot be issued against the respondent nos.1 to 3 to register an offence against the respondent nos.4 to 8 on the allegation made by the petitioner that the women in the village where the shop is located, are demonstrating in front of the shop of the petitioner and hence, the petitioner is not able to fetch the business and run the shop smoothly.

Since no case is made out for registering a first information report against the respondent nos.4 to 8 on the allegations made in the complaint, the writ petition is liable to be dismissed. Hence, we dismiss the same with no order as to costs.

JUDGE JUDGE APTE