Nivrati Nagnath Khalangre and Others v. the Union of India and Others
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY…
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pil38.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO. 38 OF 2018
NIVRATI NAGNATH KHALANGRE AND OTHERS
VERSUS
THE UNION OF INDIA AND OTHERS
Mr.R.D. Biradar, Advocate for the petitioners.
Mr.S.B. Yawalkar, AGP for respondent/State.
CORAM : S.S.SHINDE &
S.M.GAVHANE,JJ.
DATED :26.03.2018
P.C. :-
1.The petitioner themselves are affected parties.
There is averment that the cheque issued in their name
has been dishonoured. There are five petitioners in
present petition. In respect of their individual
grievances, they are at liberty avail of an appropriate
remedy as available in law.
2.One of the grievances raised in the present
Public Interest Litigation (for short “PIL”) is that,
though the petitioners approached to the concerned Police
Station, their request to register the First Information
Report (for short “FIR”) has been kept pending, and the
FIR has not been registered. In that respect, the
concerned Police Station shall take immediate steps to
consider the allegations in the FIR and if those
allegations attract an ingredient of cognizable offences
and if prima facie such offences are disclosed, then
register the FIR forthwith.
3.As already observed, the petitioners have
appropriate remedy to approach the appropriate forum.
During the course of hearing learned Counsel appearing
for the petitioner submits that other similarly situated
affected persons have filed PIL No.98 of 2016 (Phenomenal
Guntavnuk Bhachav Samiti Ltd. Vs. Union of India & Ors.)
raising similar grievance, as is raised in the present
PIL. In-case, such PIL is pending, it would be
appropriate for the petitioner to intervene in such PIL.
4.With the above observations, the PIL stands
disposed of.
[S.M.GAVHANE,J.]
snk/2018/MAR18/ pil38.18
Colour shows how this judgement treated each authority
Phenomenal Guntavnuk Bhachav Samiti Ltd. Vs. Union of India & Ors.Referred¶12
PIL No.98 of 2016 (Phenomenal Guntavnuk Bhachav Samiti Ltd. Vs. Union of India & Ors.)
Nivrati Nagnath Khanlangre (Petitioner 1)
Union of India
S.S. Shinde
S.M. Gavhane
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court