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Bombay High CourtWP/1047/2019dismissed

Abu Rahebar Hasan Khan v. The Deputy Inspector General Of Prisons (East Zone) Nagpur And Another

2019-12-09Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar,Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp1047.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 1047/2019 Abu Rahebar Hasan Khan ..VS..

Deputy Inspector General of Prisons & anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri T. Parmar, Advocate (appt.) for the petitioner Ms. S.V. Kolhe, APP for the respondent/State CORAM : Z.A.HAQ & M.G.GIRATKAR, JJ.

DATED :

09/12/ Heard.

The petitioner, a convict and prisoner, prays for following reliefs:- "i) quash and set aside the show cause notice issued to the petitioner dated 01-09-2018.

ii) Quash and set aside the Crime No. 527/2018 registered at the Sakinaka, Police Station, Dist. Mumbai under Section 224 of the Indian Penal Code, 1860.

iii) To direct the respondent to refund Rs. 5000/- the amount of the security deposit taken from the petitioner vide receipt No.

2030677 dated 12-07-2018."

2 wp1047.19 The prayers made by the petitioner cannot be considered under Articles 226 and 227 of the Constitution of India and the petitioner will have to defend at the trial which would be conducted against him for the offence punishable under Section 224 of the Indian Penal Code.

With the above observations, the writ petition is dismissed.

In our view, the legal services authority committed mistake by appointing a lawyer to represent the petitioner in such a cause and learned advocate appointed to represent the petitioner should not have filed such petition. Hence, fees need not be paid to the advocate appointed to represent the petitioner in this petition.

JUDGE JUDGE ANSARI