The State Of Maharashtra v. Santosh S/O Bhaskarrao Surwase

2024:BHC-NAG:6159-DB 10-appw84.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLN. (APPW) NO. 84 OF 2024 IN WRIT PETN. NO. 759 OF 2022 (D) Dr. Kshipra Kamlesh Uke and another -Vs.- The Principal Secretary, Govt.of Mah.and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Petitioners in person through VC Mr.M.K.Pathan, APP for the respondent-State.

CORAM: SMT. VIBHA KANKANWADI & MRS.VRUSHALI V. JOSHI, JJ.

DATE : 14TH JUNE, 2024 Heard learned APP for the applicant, i.e. original respondent No.3 and the petitioner in person, i.e. original petitioner No.1.

2.

The present application has been filed for grant of further time of six months from 14/06/2024 to comply with the judgment and order dated 10/11/2023, passed by this Court in Criminal Writ Petition No.759 of 2022 and vis-a-vis the order dated 14/03/2024 passed in Criminal Application (APPW) No.38 of 2024.

3.

Original petitioner No.1 objects the present application mainly on the ground that this Court cannot grant extension for complying with the order to challenge the order passed by this Court itself. Secondly, she points out that unnecessarily time KHUNTE

10-appw84.24.odt 2/2 has been consumed to challenge the order as it is stated that steps are being taken to challenge the order passed by this Court before the Hon'ble Apex Court. She also points out that in the past also, respondent No.3 has shown no regards to comply with the directions issued. She submits that extension should not be granted, rather it should be directed that the enquiry should be completed within a week.

4.

We need not reproduce the reasons given in the application seeking extension of time. No doubt extension cannot be granted to challenge the order, but certainly it can be granted if it is shown that there was some genuine reason. Respondent No.3 is the Collector and he has stated that part of the period was consumed due to parliamentary elections and model code of conduct. He may not be taking active steps to challenge the order of this Court, but then it might be his duty to point out to his superiors, wherein the superiors might be taking the steps to challenge the order. Filing legal proceedings is the legal right and therefore, it will not be restricted or restrained. In the past definitely the extension was granted. It was then expected from respondent No.3 to gear up the enquiry.

But taking into consideration his official duties also need arises to grant extension of time as the enquiry has been ordered by this Court on ten point demand as stated in para-21 of the order dated 10/11/2023 as a last chance. The extension is granted to complete the enquiry. Such enquiry be completed on or before 22/11/2024. In view of these observations, the application stands disposed of.

(MRS.VRUSHALI V. JOSHI, J) (SMT.VIBHA KANKANWADI, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 18/06/2024 11:14:26 KHUNTE