The High Court of Judicature at Bombay disposed of a writ petition by accepting an assurance from the Investigating Officer that he would validate the petitioner's caste claim (which included a brother and two sisters) and file an appropriate report within four weeks.
The writ petition need not be kept pending and it is disposed of.
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.
904.wp.1198.13.doc
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1198 OF 2013
Mohamed Ashraf Mohamed Aslam Azmi. ....Petitioner Versus The State of Maharashtra. ....Respondent
Mr. S. V. Kotwal i/b Dr. M. Shah Alam Khan for the Petitioner. Mrs. A. S. Pai, APP for the Respondent-State. Mr. Neelkanth Dnyanappa Shirali, Police Inspector, V. B. Nagar Police Station is present.
CORAM: S. C. DHARMADHIKARI & G. S. PATEL, J.J.
DATED : SEPTEMBER 13, 2013.
P.C.:
This matter was posted yesterday and in terms of our
earlier order but since the learned APP was not available, we adjourned it till today. Today, the learned APP and the Investigating Officer, both are present in the Court. Mrs. Pai, learned APP appearing on behalf of the Respondent-State, on instructions, from the Investigating Officer who is present in Court makes a statement that the Investigating Officer will consider the order of validating the caste claim of the Petitioner passed on 30th January, 2012 and as claimed by the Petitioner, not only his caste claim is validated but, that of his two sisters and a brother. The
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904.wp.1198.13.doc
Shephali
orders of the competent committee have not been interfered or set aside by any higher Court. Since this stand of the Petitioner will be duly noted and considered by the Investigating Officer during the course of investigation and as assured today, we have no doubt in our mind that the apprehension of the Petitioner that a Charge Sheet would be filed in the competent Court is not well founded. If the Investigating Officer takes into consideration all these documents, we have no doubt in our mind that he will act in accordance with law and file an appropriate report in the competent Court as expeditiously as possible and within a period of four weeks from today.
(G. S. PATEL, J.) (S. C. DHARMADHIKARI, J.)
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Mohamed Ashraf Mohamed Aslam Azmi
The State of Maharashtra
S. C. DHARMADHIKARI
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
