Disposed

Samit Chandrashekhar Kadam and Ors. v. the State of Maharashtra and Ors.

Bombay HC21 Aug 2014APPI/3/2014

Case brief

AI extract

What is this about?

The High Court vacated an interim direction for free police protection, accepting the State's view that the threat assessment no longer necessitates it. Petitioners were granted liberty to apply again if circumstances change.

What did the court decide?

Vacated interim direction for free police protection; liberty granted to petitioners to apply again if circumstances change.

Samit Chandrashekhar Kadam and Ors. Vs… — Constitutional and Fundamental Rights | Bombay HC (2014)

( APPI 3 of 2014)

vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION No. 7 OF 2014 IN

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PUBLIC INTEREST LITIGATION No.8 OF 2014

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The State of Maharashtra ...Applicant Vs.

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Samit Chandrashekhar Kadam and Ors. ...Respondents

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WITH

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CRIMINAL APPLICATION No. 3 OF 2014 IN

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PUBLIC INTEREST LITIGATION No. 8 OF 2014

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Samit Chandrashekhar Kadam and Ors. ...Applicants Vs.

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State of Maharashtra and Ors. ...Respondents

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**********

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Mr.S.S. Patwardhan for Petitioner in PIL 8 of 2013 and Applicant in Criminal Application No.3 of 2014

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Mr.S.K. Shinde -PP with Mr. J.P. Yagnik -APP for State and Applicant in Application No. 7 of 2014.

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CORAM : V. M. KANADE , & P.D. KODE, JJ.

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DATE : AUGUST 21, 2014

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P.C. :

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An application is made by the State (APL No.7 of 2014) for vacating the interim order passed by this Court whereby a direction was given by this Court to the State to provide free police protection

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( APPI 3 of 2014)

vide order passed in Criminal PIL No. 8 of 2014 to the Petitioners therein.

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Shri Shinde, learned Public Prosecutor, appearing on behalf of the State has submitted that the State has now ascertained the threat perception and they are of the view that there is no longer need to continue to give free police protection to the Petitioners.

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The learned counsel for the Petitioners in Cr. PIL No.8 of 2014 has very fairly conceded, after taking instructions, that if the State Government has arrived at that conclusion after evaluating the situation and the threat perception, then in that case, he does not want to press for further direction at this stage. He submitted that, however, in future any such direction is required, in that case, liberty may be given to the Petitioners to apply again to the State for police protection.

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In our view, since the State Government is satisfied that at this stage, it is not necessary to give free police protection, the interim direction given by this Court is vacated with liberty to apply afresh in the event any change in the circumstances. With this direction, both the criminal applications filed by the Petitioners as well as by the State are disposed of.

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Place the Criminal PIL No. 8 of 2014 for hearing on 18.9.2014.

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Vaishali Tikam

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Samit Chandrashekhar Kadam and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Samit Chandrashekhar Kadam and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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