Sheikh Sharif Sheikh Shabbir v. State Of Mah., Thr. Sub Divisional Magistrate, Dist Buldhana And 2 Others

1 wp965.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.965/2019 Sheikh Sharif Sheikh Shabbir ..V/s..

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

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- Shri M.N. Ali, Advocate for the petitioner.

Shri S.S. Doifode, Addl.P.P. for the respondents. CORAM : Z.A. HAQ AND M.G. GIRATKAR, JJ.

DATE : 6.11.2019.

1] Learned Advocate for the petitioner states that though the impugned order has taken its effect as the externment was for one month from 25th September, 2019, however, the impugned order is patently illegal and its legality will have to be examined by this Court. 2] Considering the facts of the case specially that there is delay on the part of the petitioner in approaching this Court, we are not inclined to consider the request made on behalf of the petitioner. The petition is filed on 24th October, 2019. It is submitted that the copy of the order was served on the petitioner on 5th October, 2019. Still there is delay of about 19 days, which in our view, is fatal in the facts of the case. Hence, petition is dismissed.

JUDGE JUDGE Tambaskar.