Vivek @ Shishu S/O Mukeshsingh Sengar v. The State Of Maharashtra Office At Collector Office, Civil Lines, Nagpur And 3 Others

2024:BHC-NAG:13974-DB 911-CRWP-888-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL WRIT PETITION NO.888 OF 2024 Vivek @ Shishu s/o Mukeshsingh Sengar vs.

The District Magistrate, Nagpur and others.

------------------------------------------------------------------------------------------------------- Mr. P. C. Gajbhiye, Advocate for petitioner. Mr M. Pathan, Additional Public Prosecutor for respondents-State. ------------------------------------------------------------------------------------------------------- CORAM :- NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 19th DECEMBER, 2024 P. C.

Heard.

2.

The respondent Authority has passed the detention order against the petitioner but the same is not executed on the petitioner resulting into preventive detention.

3.

In such an eventuality, we have to accept the objection raised by Mr. Pathan, learned Additional Public Prosecutor for the respondents-State, which is based on the decision of the Supreme Court in the matter of Union of India and others vs. Parasmal Rampuria [(1998) 8 SCC 402].

4.

In that view of the matter, the criminal writ petition stands dismissed with liberty to the petitioner to approach afresh in case if the cause to that effect arises.

(MRS.VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Andurkar.