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Bombay High CourtWP/8198/2025disposed off

Nikita Saurabh Gore v. The Sub-Inspector, Simhagad Police Station And ANR

2025-06-27Hon'Ble Justice Dr. Neela Kedar Gokhale , Hon'Ble Justice Revati Mohite Dere2 pages

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2025.07.01 17:19:51 +0530 912-wp.8198.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8198 OF 2025 Nikita Saurabh Gore

...Petitioner

Versus

The Sub-Inspector, Simhagad Police Station and Ors.

...Respondents

Ms. Veena Thadhani a/w Ms. Rutuja Gaikwad for the Petitioner. Mr. B. V. Samant, Addl.G.P for the Respondents-State. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 27th JUNE 2025 P.C. :

1.

By this petition, the petitioner has impugned the notice dated 28th May 2025 passed by the respondent No.1. 2.

The grievance of the learned counsel for the petitioner is that the impugned notice is illegal and contrary to the mandate of Section 142(2) of the Maharashtra Prohibition Act. It is further submitted that even the authority who sent the notice was not competent to send the said notice.

N. S. Chitnis 1/2

912-wp.8198.2025.doc 3.

Learned Addl.G.P. was directed to take instructions. Learned Addl.G.P has tendered Samajpatra dated 27th June 2025. By the said Samajpatra, the Assistant Police Inspector, Sinhagad Police Station, Pune City, has withdrawn the notice issued to the petitioner under Section 142(2) of the Maharashtra Prohibition Act, in view of the technical defects in the notice.

4.

In view of the aforesaid, nothing survives for further consideration in the present petition. Petition stands disposed of accordingly.

5.

Needless to state, that in the event, the authorities intend to issue notice under Section 142(2) of the Maharashtra Prohibition Act, they will ensure strict compliance of the provisions of law. All concerned to act on the authenticated copy of this order.

DR. NEELA GOKHALE, J.

REVATI MOHITE DERE, J.

N. S. Chitnis 2/2