The High Court dismissed a criminal writ petition as withdrawn to enable the filing of a revision. The court permitted the continuation of existing ad-interim relief for four weeks warned against further extensions.
Ad-interim relief granted till June, 2015, extended by four weeks from the date of the order.
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.
1 25-crwp8-15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 8 OF 2015
RAVI S/O GANPATRAO MADREWAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
Mr.A.P.Kasliwal, Advocate for petitioners
Mrs.P.V.Diggikar, APP for respondent no.1
Mr.V.D.Salunke, Advocate for respondent no.2
CORAM : S.S. SHINDE AND
SANGITRAO S. PATIL, JJ.
DATE : OCTOBER 26, 2016
PER COURT :
Heard.
2.At the outset, the learned Counsel
appearing for respondent no.2 raised preliminary
objection for filing this petition. He submits
that a Revision would be maintainable against the
impugned order. He submits that this Court may not
entertain this petition since there is no any
extra-ordinary circumstance to bye-pass the remedy
of Revision available to the petitioners.
2 25-crwp8-15.odt
3.Realising this difficulty, the learned
Counsel for the petitioners propose to challenge
the order impugned in this petition by way of
filing Revision. He, therefore, on instructions,
seeks permission to withdraw this petition,
however, prays for continuation of the ad-interim
relief granted by this Court for a further period
of four weeks.
4.The prayer for continuation of ad-interim
relief is vehemently opposed by the learned
Counsel for respondent no.2 on the ground that
there is no further progress in the investigation.
5.In the circumstances, the Writ Petition
stands dismissed as withdrawn so as to enable the
petitioners to file Revision. The ad-interim
relief granted earlier by this Court, which was in
force till June, 2015, shall continue, if it is in
3 25-crwp8-15.odt
force, for a further period of four weeks from
today. However, we make it clear that no prayer
for further extension of the relief will be
entertained under any circumstances.
[SANGITRAO S. PATIL, J.][S.S. SHINDE, J.]
kbp
1 issue framed by the court
Whether this Court may entertain the writ petition when a revision is maintainable and there are no extraordinary circumstances to bypass the remedy of revision.
RAVI S/O GANPATRAO MADREWAR AND OTHERS
THE STATE OF MAHARASHTRA
ANOTHER
S.S. SHINDE
SANGITRAO S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court