Sheikh Shahrukh Sheikh Mehboob v. The State Of Mah. Thr. Home Depatment (Spl) 2nd Follr, Main Building, Mantralaya, Mumbai And 3

1 criwp571.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.571/2024 Sheikh Shahrukh Mehboob (In Jail) Vs. State of Maharashtra and others Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr.Mir Nagman Ali, Advocate for petitioner Mr. S.S.Doifode, APP for respondent nos.1 to 4. CORAM : NITIN W. SAMBRE & MRS. VRUSHALI V. JOSHI, JJ. DATE : FEBRUARY 17, 2025.

1.

It is demonstrated from the record by counsel appearing for the petitioner Mr. Ali that two offences coupled with the two-in-camera statements which are relied on for ordering detention leads to an inference that conduct of the petitioner has led to disturbance of public order.

2.

Prima facie, upon going through the FIR and other material in relation to the two offences, which speaks of the offences having been taken place in public view, however, there is not enough material to infer that the same has led to the disturbance of public order. 3.

Mr. Doifode, learned Additional Public Prosecutor, has tried to substantiate the issue about disturbance of public order by connecting two-in-camera statements with that of the material which is part of the charge-sheet in two offences. Mr. Doifode, learned Additional Public Prosecutor, at this stage, seeks time to extend assistance that even if the offences which are taken place in public view, there is elaborate

2 criwp571.2024.odt material to infer the disturbance of public order, and in such an eventuality, the in-camera-statements can be taken into account. 4.

Stand over to 24th February, 2025, as prayed, by way of last chance.

(MRS.VRUSHALI V. JOSHI, J.) (NITIN W.SAMBRE, J.) Mukund Ambulkar Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 17/02/2025 17:14:49