In this criminal writ petition, the Court held that a writ petition seeking parole relief is not maintainable when an alternative remedy via appeal exists. The Court dismissed the petition and discharged the rule.
Rule discharged; Petition dismissed; Petitioner to pursue appeal remedy.
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.
10. cri wp 409-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 409 OF 2017
Naseem Ahmed Habib Ahmed
.. Petitioner
Versus
The State of Maharashtra
.. Respondent
| Appearances | |
|---|---|
| Ms. Rohini Dandekar | Advocate (appointed) for the Petitioner |
| Mrs. G.P. Mulekar | APP for the State |
CORAM : SMT. V.K. TAHILRAMANI &
REVATI MOHITE DERE, JJ.
DATE : FEBRUARY 14, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
2. The petitioner preferred an application for parole which
was rejected by order dated 5.12.2016, hence, this petition.
petitioner has remedy of filing an appeal. The Constitution
Bench of the Supreme Court in the case of Thansingh
jfoanz vkacsjdj 1 of 2
10. cri wp 409-17.doc
Nathmal & Ors. Vs. Superintendent of Taxes, Dubri1 ,
has observed that when an alternate remedy is available, a
writ petition should not be entertained.
and the petitioner is relegated to the remedy of preferring an appeal against the order of rejection. Hence, Rule is
discharged. Petition is dismissed.
is in Nasik Road Central Prison, Nasik.
[ REVATI MOHITE DERE, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
1 AIR 1964 SC 1419
jfoanz vkacsjdj 2 of 2
1 issue framed by the court
Whether a writ petition for parole is maintainable when an alternate remedy of appeal is available.
Colour shows how this judgement treated each authority
Nathmal & Ors. Vs. Superintendent of Taxes, DubriReferred¶20
Nathmal & Ors. Vs. Superintendent of Taxes, Dubri, AIR 1964 SC 1419 · Who else cites this
Naseem Ahmed Habib Ahmed
The State of Maharashtra
V.K. Tahilramani
Revati Mohite DERE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
