Sadashiv Vitthal Ghodke And ANR v. The State Of Maharashtra And ANR

Sherla V.

5_wp.3366.2021.doc VISHWANATH SATYANARAYANA SHERLA Date: 2021.09.29 15:12:44 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

VISHWANATH SATYANARAYANA SHERLA CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.3366 OF 2021 Sadashiv Vitthal Ghodke ... Petitioner Vs.

The State of Maharashtra & others ... Respondents Mr.B.V. Salunkhe for the Petitioner Ms.A.S. Pai, Public Prosecutor, for Respondent - State CORAM: S.S. SHINDE & N.J. JAMADAR, JJ.

DATED: SEPTEMBER 28, 2021 P.C.:

1.

Heard the learned Counsel appearing for the petitioner. The limited prayer in the petition is that the appeal preferred by the petitioner against the order of externment passed by Respondent No.3 is awaiting adjudication and the grievance of the petitioner would stand redressed, if the appellate authority is directed to decide the said appeal within a stipulated period. 2.

We are, therefore, inclined to allow the petition with a direction that Respondent No.2 - Divisional Commissioner, Pune Division, Pune, shall decide the Appeal of the petitioner i.e., Externment Appeal No.49 of 2021 pending before him, as

5_wp.3366.2021.doc expeditiously as possible, if not decided already, and preferably within three weeks from the date of communication of this order, in accordance with law after observing the principles of natural justice.

3.

We make it clear that we have not entered into the merits of the matter.

4.

With the aforesaid directions, the petition stands disposed of.

5.

All concerned to act on an authenticated copy of this order. (N.J. JAMADAR, J.) (S.S. SHINDE, J.)