The High Court, Criminal Writ Jurisdiction, quashed a special leave petition against an order rejecting the petitioner's application for furlough. The court held that an appeal is the alternate remedy.
Rule discharged due to availability of non-exhausted 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.
901-cri-wp-1027-18.doc
D.S.S.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1027 OF 2018
Pandurang G. Kokam
.. Petitioner
Versus
The Superintendent of Jail Thane Central jail, Thane and ors.
.. Respondents
| Appearances | |
|---|---|
| Mr. Manish | Advocate for the Petitioner |
| Mazgaonkar | |
| Mrs. G.P. Mulekar | APP for the State |
CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. &
M.S. SONAK, J.
DATE : APRIL 05, 2018.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
The said application was rejected by order dated 30.1.2018.
Being aggrieved thereby, the petitioner has preferred the
present petition.
D.S.Shera 1 of 2
901-cri-wp-1027-18.doc
3. If an application for furlough is rejected, the remedy of
appeal is provided. It is seen that the petitioner has not preferred an appeal and has directly preferred this writ petition. The Constitution Bench of the Supreme Court in
Thansingh Nathmal Vs. The Superintendent of Taxes, Dhubri and others, reported in A.I.R. 1964 SC 1419, has held that "when an alternate remedy is available, a writ petition should not be entertained". In this view of the matter, we are not inclined to interfere and the petitioner is relegated to the remedy available to him of appeal. If any appeal is preferred by the petitioner against the order of rejection, the said appeal to be disposed of as expeditiously as possible and preferably within a period of five weeks from the date of filing of such appeal.
interfere, hence, Rule is discharged.
[ M.S. SONAK, J ] [ ACTING CHIEF JUSTICE ]
D.S.Shera 2 of 2
1 issue framed by the court
Whether a writ petition can be entertained when an alternate remedy of appeal is available for a rejected furlough application.
Colour shows how this judgement treated each authority
Thansingh Nathmal Vs. The Superintendent of Taxes, Dhubri and othersRelied on¶23
A.I.R. 1964 SC 1419 · Who else cites this
Pandurang G. Kokam
The Superintendent of Jail Thane Central Jail
V.K. Tahilramani
M.S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
