The High Court refused to quash a show-cause notice issued by the police to comply with a prior order, holding the officer was not to be blamed as he was acting under court direction.
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. 318 OF 2011
Vilas Gadadhar Deshpande & Ors. ...Petitioners
V/s.
The State of Gujarat & Anr. ...Respondents
Mr. S.V. Marwadi i/by Mr. Hoshang S. Tafti for the Petitioners
Mr. K.V. Saste, A.P.P., for the State
CORAM: A.M. KHANWILKAR AND
A.R. JOSHI, JJ. DATE: 1ST MARCH, 2011
P.C.:-
The petition takes exception to the show-cause notice issued
by the Senior Police Inspector of Police of Lashkar Police Station, Pune, dated 29th January, 2011. The said notice has been issued in compliance of the order passed by this Court dated 7th November, 2009 in Criminal Revision Application No. 75 of 2000. So long as the said order operates, the police officer would be obliged to comply with the order of this Court dated 7th November, 2009. In that sense, no fault can be found with the
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issuance of the impugned notice by the Senior Police Inspector of Police of Lashkar Police Station.
raised by the petitioners. Suffice it to observe that the police officer
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cannot be blamed for taking over possession of the disputed property to comply with the direction contained in the order of this Court dated 7th November, 2009. The fact that the petitioners were not party to Criminal Revision Application No. 75 of 2000, in which the said order was passed, does not take the matter any further. The petitioners would be free to take recourse to such remedy as may be permissible in law.
Mrs. Fulwanti (Phoolvanti) Jawaharlal Lodha, who is the legal heir of the
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original complainant. Even this grievance of the petitioners, therefore, does not merit any interference.
A.R. JOSHI, J. A.M. KHANWILKAR, J.
2 issues framed by the court
Whether the impugned show-cause notice issued by the police in compliance of an earlier order can be quashed.
Whether the police officer can be blamed for taking possession to comply with an order of this Court.
Vilas Gadadhar Deshpande & Ors.
The State of Gujarat & Anr.
A.M. KHANWILKAR
A.R. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
