Disposed

Raju Bhagwat Suryawanshi v. the State of Mah and Ors.

Bombay HC2 Mar 2012WP/162/2012

Case brief

AI extract

What is this about?

A criminal writ petition challenging restrictive actions against the petitioner's son preparing for 10th standard exams. The Court granted limited liberty for the petitioner to enter Bhusawal Town until March 8, 2012, and directed the State to expedite proceedings on the stay application.

What did the court decide?

Petitioner permitted to enter Bhusawal Town till 8th March 2012; State directed to expedite stay petition hearing.

Raju Bhagwat Suryawanshi Vs the State… — Constitutional and Fundamental Rights | Bombay HC (2012)

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criwp162-12.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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CRINMINAL WRIT PETITION NO.162/2012

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Raju Bhagwat Suryawanshi .. Petitioner

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Versus

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1] The State of Maharashtra and others ... Respondents

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Shri R.S.Deshmukh, Adv. for petitioner. Shri S.D.Kaldate, APP. for State.

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CORAM : NARESH H.PATIL AND T.V.NALAWADE, JJ.

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DATE : 2nd MARCH 2012

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PER COURT :

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1] Heard.

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2] The learned counsel Shri R.S.Deshmukh for petitioner

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criwp162-12.odt

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submits that this petition has been moved in extreme urgency in the interest of son of the petitioner, who is appearing for 10^th standard examination. The examination is commencing from 3^rd March 2012 and ending on 28^th March 2012. The time table is annexed at page 52 of the Petition. Photo Copy of Hall Ticket is also shown to us.

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3] Learned counsel submits that though application for stay and application for interim relief is filed before the State appellate authority, the hearing is not accorded to the petitioner. In the morning, we have passed order directing learned A.P.P. to take instructions from the State authority on two points [A] Whether Statutory Authority hearing appeals is regularly available in Mantralaya and [B] Whether the Stay Petitions presented alongwith the Appeals are heard by giving priority.

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4] The learned A.P.P. on instructions submits that the appellate

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authority Shri Pathak who is to hear the Appeal, is available. Notice of hearing has been given to the counsel today in Court.

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Appeal/Application of the petitioner will be heard on 7/3/2012.

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5] Considering the facts of the case, submissions advanced and in the peculiar facts of the case, we find that the petitioner should be permitted to enter Bhusawal Town, for the purposes of attending and taking care of the son of the petitioner who is to appear for the 10^th standard examination. The petitioner is permitted to remain in Bhusawal Town till 8^th March 2012.

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6] We direct the respondent State appellate authority to pass appropriate orders on its own merits on the application for stay / temporary stay of the impugned order filed on 27/2/12. The petitioner is entitled to appear personally or through advocate before the appellate authority on 7/3/2012.

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7] Authenticated copy be supplied to both counsels. Parties to act upon authenticated copy. Petition is disposed of.

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8] Registry to forward copy of this order to the Principal

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Secretary, Home Department, Mantralaya, Mumbai and the Secretary, Law and Judiciary Department, Mantralaya, Mumbai, by fastest mode of communication.

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(T.V.NALAWADE, J.)

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(NARESH H. PATIL,J.)

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umg/criwp162-12

Raju Bhagwat Suryawanshi v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

Raju Bhagwat Suryawanshi v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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