The High Court, dismissing a criminal writ petition, ruled that the Court would not entertain the petition due to the failure of witnesses to depose against the petitioner and the petitioner's involvement in illegal activities as observed by the appellate authority.
The Writ Petition stands rejected.
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1 20-crwp850.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.850 OF 2016
Shaikh Rafique s/o. Shaikh Shabbir..Petitioner
Vs.
State of Maharashtra and ors.
..Respondents
Mr.S.B.Khan, Advocate for Applicant
Mr.M.M.Nerlikar, APP for respondent nos.2 to 4
CORAM : S.S. SHINDE AND
SANGITRAO S. PATIL, JJ.
DATE : SEPTEMBER 20, 2016
PER COURT :
Heard.
2.Perused the pleadings in the petition,
annexures thereto, reply filed by the respondent
nos.2 to 4 and the reasons assigned by the
competent authority and the appellant authority.
3.In our opinion, keeping in view the
offence registered against the petitioner, the
fact that the witnesses are not coming forward to
2 20-crwp850.odt
depose against him and that the petitioner has
indulged himself in various illegal activities, as
observed in the order of the appellate authority,
we are not inclined to entertain this petition.
4.The Writ Petition stands rejected.
[SANGITRAO S. PATIL, J.][S.S. SHINDE, J.]
kbp
2 issues framed by the court
Whether the High Court should entertain a writ petition by the petitioner under the given facts.
Whether the High Court should accept the evidence of witnesses in support of the petitioner.
Shaikh Rafique
State of Maharashtra
S.S. SHINDE
SANGITRAO S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court