In a criminal writ petition seeking police protection, the bench refused leave to amend the petition and permitted only an approach to the Civil Court regarding prayer clause D. The petition was disposed of with costs.
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467.16WP
1
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
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CRIMINAL WRIT PETITION NO. 467 OF 2016
SAYYED NOOR S/O SAYYED BURHAN
VERSUS
SAYYED MINYA S/O SYED BURHAN AND OTHERS
...
Advocate for petitioner : Mr. Mobin H.
Shaikh holding for Mr. S.K. Shaikh
...
CORAM: S.S.SHINDE & SANGITRAO S. PATIL, JJ. Dated: October 05, 2016
The learned counsel appearing for the
petitioner makes oral prayer so as to
enable him to amend the Petition and also
add the prayer clause, taking exception
to the order passed by the Commissioner
of Police rejecting the prayer of the
petitioner for police protection.
2.On instructions, he submits that the
petitioner does not want to press the
prayer clauses `B' and `C'.
467.16WP
2
3.We are not inclined to grant leave to
amend the prayer in the Petition.
4.So far the prayer clause `D' is
concerned, the petitioner will be free to
take out appropriate remedy before the
Civil Court.
5.Inthelightofdiscussion
hereinabove, the Petition stands disposed
of.
6.Out of the amount of Rs. 5,000/-,
which has been deposited by the learned
counsel appearing for the petitioner
towards cost, Rs.3,000/- be returned to
the Advocate on record and remaining
amount of Rs.2,000/- be diverted to the
High Court Legal Services Sub-Committee,
Aurangabad.
(SANGITRAO S.PATIL, J) (S.S. SHINDE, J)
sga/
1 issue framed by the court
Whether leave to amend the prayer in the writ petition for police protection shall be granted.
Sayed Noor S/o Sayed Burhan
Sayed Minya S/o Syed Burhan
S.S.Shinde
Sangitrao S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court