The petitioner sought a writ of certiorari for a declaration of death and direction to issue a death certificate. The court held that these reliefs can be pursued via a civil suit and disposed of the petition accordingly, granting liberty to file such a suit.
Disposed of the petition with liberty to file a suit in the concerned court.
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.
BHAGYAWANT TATYARAO PUNDE
20-WP-2984-2021.doc
1 / 2
Digitally signed by BHAGYAWANT TATYARAO PUNDE Date: 2021.09.28 10:10:58 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2984 OF 2021
Suvarna Abasaheb Patil ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
Mr. Manoj Vishwakarma i/by. MKU Juris for Petitioner. Mr. J.P. Yagnik, APP for State.
CORAM : S. S. SHINDE & N. J. JAMADAR, JJ.
DATE : 27th SEPTEMBER, 2021.
P.C.:
b) Issue writ of certiorari or any other writ order or direction in the nature of certiorari for declaration of death of the Respondent No. 3 i.e. Abasaheb Dattatray, in the respect of a missing complaint with the Agripada Police station was registered under adult person missing register serial no. 31/1999 dated 23.06.1999, register with daily sr.no. 15/1999.
c) Issue direction to the respondent No. 2 to issue death certifcate of the Respondent No. 3 i.e. Abasaheb Dattatray, in the respect of a missing complaint with the Agripada Police station was registered under adult person missing serial no. 31/1999
Bhagyawant Punde
20-WP-2984-2021.doc
2 / 2
dated 23.06.1999, register with daily sr. no. 15/1999.
the petitioner, we are of the opinion that the petitioner can fle/institute suit for said reliefs claimed in this petition. Hence, the petition is disposed of, with liberty to the petitioner to avail of an appropriate remedy by way of fling suit before the concerned court.
( N. J. JAMADAR, J.) (S. S. SHINDE, J.)
Bhagyawant Punde
2 issues framed by the court
Whether to entertain the petition for declaration of death and issuance of death certificate.
Whether the petitioner should maintain the petition or file a civil suit for the claimed reliefs.
Suvarna Abasaheb Patil
The State of Maharashtra
N. J. Jamadar
S. S. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
