The single judge rejected the writ petition for lack of material documents substantiating the petitioners' allegation of assault, directing them to file a proper complaint before the appropriate Court instead.
No legal action taken; petition dismissed without prejudice to right to file proper complaint.
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MST
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.821 OF 2007
Dattaram Motiram Gorad & anr. Petitioners
versus
The State of Maharashtra & ors. Respondents
Mr.M.P.Mishra for petitioners.
Mr.A.S.Gadkari, APP for respondents.
CORAM : SMT.RANJANA P. DESAI AND
D.B.BHOSALE, JJ.
DATE : 13th June 2007
PC :
1. We have heard the learned counsel for the
petitioners. The petitioners seek a direction
against respondent nos.2 and 3 to take legal
action against respondent nos.4 to 13 on the
basis of complaint dated 17th March 2007.
However, except mere allegation that petitioners
were mercilessly beaten, no documents are annexed
to the petition to substantiate this allegation.
In the circumstances, we are unable to entertain
the petition. The petitioners may, however, file
appropriate complaint before the appropriate
Court, if they so desire. If such a complaint is
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MST
filed, the learned Magistrate will consider it
independently without being influenced by this
order. We make it clear that we have not
expressed any final opinion on the controversy.
Petition is dismissed.
(SMT.RANJANA P. DESAI, J.)
(D.B.BHOSALE, J.)
Dattaram Motiram Gorad
The State of Maharashtra
Ranjana P. Desai
D.B. Bhosale
As recorded by the court registry
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