Allowed

Vijay Damu Patil v. the State of Maharshtra

Bombay HC16 Sept 2013WP/447/2011

Case brief

AI extract

What is this about?

This High Court of Bombay, Aurangabad Bench quashed the criminal prosecution against the petitioner, who was the President of Municipal Council at the time of the alleged irregularities in contract extensions. The court held that prima facie material did not implicate the petitioner as he protested against the misuse of power by other officers. The criminal writ petition was allowed.

What did the court decide?

The prosecution against the petitioner was quashed and set aside.

Vijay Damu Patil Vs the State of Maharshtra — Corruption | Bombay HC (2013)

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CR.WP NO.447/2011

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO.447 OF 2011

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Shri Vijay Damu Patil,
Age 41 years, Occu. Agri. and
Business, r/o Near Sardar
Vallabhai Statue, Kukade
Shahada, Taluka-Shahada,
District Nandurbar.

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...PETITIONER

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(Ori.Accused no.2)

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VERSUS

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1. The State of Maharashtra, Through Police Station Shahada, Taluka Shahada, District Nandurbar.

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2.Shri Laxman Hiralal Kadam,
(Ex Councillor),
Age 57 years, Occu> Agri.
and business, r/o near Shree
Mata Tulja Bhavani Temple,
Dindayal Nagar, Shahada,
Tal.Shahada, dist. Nandurbar.

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...RESPONDENT

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(Ori.complainant)

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...

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Mr. P.M.Nagargoje, Adv., h/f Mr. P.R.Katneshwarkar,
Adv., for the petitioner.

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Mr. S.G.Nandedkar, APP for respondent State.

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Mr. V.C.Patil, Adv., h/f Mr. S.M.Godsay, Adv., for respondent no. 2.

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CORAM: K.U.CHANDIWAL
AND
 A.I.S.CHEEMA,JJ.

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Date:SEPT., 16th 2013

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...

CR.WP NO.447/2011

P.C. :-

1. Heard.

2.The applicant was President of Municipal
Council, Shahada, at the relevant time where
irregularities and illegalities in extending contracts
were noticed. In fact, from the complaint of
respondent no.2 Laxman, it reveals that the applicant,
as President of Municipal Council, had protested to
the Collector, Nandurbar, and sought action against
the illegalities committed by few of the Engineers /
Officers with tacit understanding with contractors,
and the inquiry was carried by the Collector and its
report dated 6.7.2010, illustrate, prima facie
material against one Mr.P.G.Sonawane, Chief Officer,
including other named officers. However, it does not
in any manner, implicate the President, the applicant
herein, with any active role or tacit understanding in
the illegalities. The applicant is not instrumental
in preparing forged record or there is no
misappropriation as the complainant / respondent no.2
felt.

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The prosecution against the applicant, as
President, calls for interference. It is quashed and
set aside qua the applicant.

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Criminal Writ Petition allowed in above terms.

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agp/447-11crwp

Vijay Damu Patil v. the State of Maharshtra

Case brief

What is this about?

What did the court decide?

Vijay Damu Patil v. the State of Maharshtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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