Bombay High CourtWP/1053/2018others disposed off

Abdul Wahid Abdul Kayyum v. State Of Maharashtra, Thr. P.S.O., Umred

2018-10-26Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp1053.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.1053/2018 Abdul Wahid Abdul Kayyum ..Vs..

State of Maharashtra, through Police Station Officer, Umred, Tah. Umred, Distt. Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Sukshmalata S. Dhone, Advocate for the petitioner. Shri H.D. Dubey, A.P.P. for the respondent.

CORAM : Z.A. HAQ, J.

DATE : 26.10.2018.

Shri H.D. Dubey, learned A.P.P. has pointed out that the petitioner can approach the Sessions Court under Section 397 of the Code of Criminal Procedure. Learned Advocate for the petitioner has submitted that the remedy under Section 397 of the Code of Criminal Procedure cannot be said to be an efficacious remedy and much time will be consumed and the petitioner will not get the vehicle for which he is litigating since considerable time. The learned Advocate relied on the following judgments to support her submission that the writ petition should be entertained.

(i) The judgment given in the case of Dinesh S/o Deepakkumar Bhaktani V/s. Collector,

2 wp1053.18 Nagpur District Collector Office & Anr.

reported in 2016 ALL MR (Cri) 4177, (ii) Judgment given in the case of Syed Kadir Syed Isaq V/s. The State of Maharashtra and Anr. reported in 2014 ALL MR (Cri) 1704, (iii) Judgment given in Criminal Writ Petition No.999/2014 (Shri Vikas S/o Shri Bhaurao Meshram V/s. Collector, Nagpur District and another) (iv) Judgment given in Criminal Writ Petition No.502/2009 (Dinesh Janardhan Rangari V/s.

The Additional Collector (Essential Commodities), Collectorate, Nagpur and another) As the petitioner has statutory remedy under Section 397 of the Code of Criminal Procedure before the Sessions Court, I am not inclined to entertain this petition. The petition is disposed as withdrawn with liberty to the petitioner to approach the Sessions Court under Section 397 of the Code of Criminal Procedure. JUDGE Tambaskar.