This criminal writ petition filed under Article 226 of the Constitution was dismissed. The Court held that the petitioner had an alternative remedy available based on Supreme Court precedents cited. Consequently, no interference was granted, and accompanying criminal applications were also dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 261 OF 2011 WITH
CRIMINAL APPLICATION NO. 94 OF 2011
AND
CRIMINAL APPLICATION NO.110 OF 2011 CRIMINAL APPLICATION NO.116 OF 2011
IN
CRIMINAL WRIT PETITION NO.261 OF 2011
Shailesh Gulab Advani. ....Petitioner Vs. Mr.Sherring Dorje, Deputy Commissioner of Police, Zone 1, Mumbai & ors. ....Respondents.
Mr. Charanjeet Chandrapal, advocate for Petitioner.
Mr. K.V.Saste, APP for Respondent No.7-State.
Mr. Mahesh Vaswani, advocate for intervenor.
CORAM:- P.V.HARDAS AND M.N.GILANI, JJ
DATED:- MARCH 22, 2011
P.C.
1 The Petitioner by this Petition under Article 226 of the Constitution of India prays vide prayer clauses (a), (b) and (c).
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2 We have heard the learned Counsel for the Petitioner and the learned APP for Respondent No.7.
3 Learned Counsel for the Petitioner has invited our attention to the pleadings of the Petitioner in this Petition as well as the documents referred to in the Petition. Upon such perusal, according to us in the light of the Judgments of the Supreme Court in ‘Aleque Padamsee Vs. Union of India' 2007 (6) SCC 171 and `Sakiri Vasu Vs. State of Uttar Pradesh and others' AIR 2008 SC 907, the Petitioner has alternate remedy in law which the Petitioner may avail. In that light of the matter therefore, we are not inclined to interfere and we dismiss the petition relegating the Petitioner to avail of the alternate remedy available to the Petitioner in law.
4 In the light of the dismissal of the Writ Petition No.261 of 2011, Criminal Application Nos. 94/2011, 110/2011 and 116/2011 are also dismissed.
(M.N.GILANI, J)
1 issue framed by the court
Whether the High Court should exercise discretion to interfere when alternate statutory remedies exist.
Colour shows how this judgement treated each authority
Aleque Padamsee Vs. Union of IndiaReferred¶22
Aleque Padamsee Vs. Union of India' 2007 (6) SCC 171 · Who else cites this
Sakiri Vasu Vs. State of Uttar Pradesh and othersReferred¶22
Sakiri Vasu Vs. State of Uttar Pradesh and others' AIR 2008 SC 907 · Who else cites this
1 provisions across 1 enactments
Shailesh Gulab Advani
Mr.Sherring Dorje, Deputy Commissioner of Police, Zone 1, Mumbai & ors.
P.V.HARDAS
M.N.GILANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
