Dismissed

Shrirang Jaywantrao Gade v. the State of Maharashtra and Others

Bombay HC27 Jul 2017PIL/125/2016

Case brief

AI extract

What is this about?

This single-judge bench dismissed a Public Interest Litigation concerning alleged misappropriation of Rs. 3 lakhs released to a private individual. The court held that such allegations, if they constitute a crime, must be pursued in a criminal court via an FIR, not through PIL.

What did the court decide?

The Public Interest Litigation is dismissed; the deposited amount is forfeited and transmitted to the High Court Legal Services Authority.

Shrirang Jaywantrao Gade Vs the State of… — Public Procurement and Tenders | Bombay HC (2017)

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- 1 -

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PIL 125/16

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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PUBLIC INTEREST LITIGATION NO.125/2016

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Shrirang Jaywantrao Gade.

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...Petitioner..

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Versus

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The State of Maharashtra & others.
...Respondents...

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 .....

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Shri A.S. Kadam, Advocate for petitioner.
Shri P.S. Patil, AGP for respondent nos.1 to 4.
Shri N.D. Gusale, Advocate for respondent no.5.

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 .....

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CORAM: S.C. DHARMADHIKARI &
 MANGESH S. PATIL, JJ.

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DATE: 27.07.2017

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ORDER :

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1]Heard both the sides.

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2]We do not think that the High Court could and should

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entertain a Public Interest Litigation when an allegation

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is that a paltry sum of Rs.3,00,000/- was released for
setting up of a gymnasium to a private person i.e.
respondent no.5 to this petition. Instead of

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constructing gymnasium out of this money, if public money

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is appropriated by the respondent no.5 himself, as

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PIL 125/16

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alleged, then, it is not that the High Court has to be
rushed to cause an enquiry or investigation. If the
petitioner feels that this is a crime against the
society, and it is a very serious issue, he should be
bold enough to approach a criminal Court and in the
event, a FIR is not registered at his instance by a local
Police Station, the Code of Criminal Procedure, 1973, has
provided ample powers and confers them in the competent
criminal Court so as to enquire into and investigate
these allegations, and if they constitute an offence

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punishable under the Penal Laws, to proceed and try the
case and punish the guilty person/s. It is not that as

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if the High Court has a remedy or medicine for all
diseases nor is a PIL a cure all.

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3]The PIL is misconceived and hence the same is
dismissed. The amount deposited by the petitioner is
forfeited and it shall be transmitted to the High Court
Legal Services Authority at Aurangabad Bench.

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 (MANGESH S. PATIL, J.) (S.C. DHARMADHIKARI, J.)

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ndk/ c277174.doc

Shrirang Jaywantrao Gade v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Shrirang Jaywantrao Gade v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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