Disposed

Alkabai Prakash Patil and Ors. v. the State of Maharashtra and Anr.

Bombay HC2 May 2013APPLN/1360/2008

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Bench at Aurangabad, allowed applicants liberty to challenge a police charge-sheet and stayed coercive action against them from March 2008 until June 21, 2013. All issues remain open.

What did the court decide?

Liberty granted to raise challenge to charge-sheet; coercive action against applicants stayed till June 21, 2013; proceedings stayed.

Alkabai Prakash Patil and Ors. Vs the State of… — Writ and Judicial Review | Bombay HC (2013)

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cra1360.08

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.1360 OF 2008

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1) Alkabai w/o Prakash Patil, Age-45 years, Occu:Household, R/o-Paldhi(BK.), Tq-Dharangaon, Dist-Jalgaon,

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2) Prakash s/o Shridhar Patil, Age-45 years, Occu:Agril., R/o-As Above,

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3) Shahubai @ Shewabai d/o Shridhar Patil, Age-46 years, Occu:Agri., R/o-As Above,

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4) Supdabai w/o Shridhar Patil, Age-67 years, Occu:Agri., R/o-As Above,

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5) Soni @ Deepali d/o Prakash Patil, Age-15 years- Minor, Occu:Education, R/o-As Above,

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6) Rakash s/o Prakash Patil, Age-18 years, Occu:Education, R/o-As Above,

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7) Aba @ Dnyaneshwar s/o Lahanu Patil, Age-37 years, Occu:Agril., R/o-As Above,

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8) Ganesh s/o Lahanu Patil, Age-35 years, Occu:Agril., R/o-As Above,

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cra1360.08

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9) Lahanu s/o Goba Patil,
 Age-68 years, Occu:Agril.,
 R/o-As Above,

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10) Gulabrao s/o Raghunath Patil,
 Age-43 years, Occu:Social Work
 and present M.L.A.
 R/o-As Above,

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11) Alim Bashid Deshmukh,
 Age-38 years, Occu:Sarpanch
 and social work,
 R/o-As Above.

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...APPLICANTS

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 VERSUS

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1) The State of Maharashtra,
 Through Superintendent of Police,
 Jalgaon,

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2) Chandrashekhar s/o Shamrao Salunke, Age-25 years, Occu:Labour, R/o-Paldhi(Bk.), Tq-Dharangaon,

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 Dist-Jalgaon.

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...RESPONDENTS

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 ...
 Shri.S.M. Godsay Advocate for Applicants.
 Shri.S.G. Nandedkar, APP for Respondent
 No.1.

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...

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CORAM: NARESH H. PATIL AND
 A.V. NIRGUDE, JJ

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 DATE : 2ND MAY, 2013

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cra1360.08

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ORAL JUDGMENT [PER NARESH H. PATIL, J.] :

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1.Shri. Godsay, learned counsel appearing

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for the Applicants, on instructions, submits that
charge-sheet has been filed in respect of the
subject crime. The learned counsel further submits
that liberty be granted to raise appropriate
challenge in view of filing of the charge-sheet.

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2.We have perused the complaint and
considered the submissions advanced. We have also
perused the order passed by the learned Single
Judge on 12th March, 2009.

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3.The Applicants are at liberty to raise

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appropriate challenge to the charge-sheet filed by
the police, in accordance with law. We direct that
no coercive action be taken against the Applicants
till 21st June, 2013. The proceedings initiated on
the complaint filed against the Applicants on 21st

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March 2008, being Crime No.36 of 2008, registered

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cra1360.08

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with Police Station, Dharangaon, Dist-Jalgaon,
shall stand stayed till 21st June, 2013. All
issues are kept open.

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4.Rule is made absolute on the terms

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indicated above.

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[A.V. NIRGUDE,J.] [NARESH H. PATIL,J.]

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asb/MAY13

Alkabai Prakash Patil and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Alkabai Prakash Patil and Ors. v. the State of Maharashtra and Anr.

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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