Vitthal Narayan Atkire v. The State Of Maharashtra And ANR

1 /1 57-wp-4640-15.doc Ladda FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4640 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr J.H. Oak for the petitioner.

Mr A.S.Shitole, APP for the Respondent­State. Mr Pratap Patil for the respondent no.2.

CORAM : A.S.GADKARI, J.

DATE : 21st March, 2016 P.C.

The present petition under article 227 of the Constitution of India is directed against the judgment and order passed by the Tahsildar and Executive Magistrate, Taluka Shirala in a proceeding under section 133 of the Cr.P.C. By an order dated 29.10.2015 the Executive Magistrate has directed the petitioner to remove the nuisance and clear the way in question. The learned APP fairly pointed out that the said order is revisable under section 397 of Cr.P.C. I find substance in the said submission. The present, petition is, accordingly dismissed with liberty to the petitioner to adopt appropriate alternate remedy available under the law. (A.S.GADKARI, J.)