The High Court of Judicature at Bombay, Bench at Aurangabad, allowed a Civil Writ Petition against the State of Maharashtra by converting a Criminal Writ Petition styled as a right to possess an arm under the Arms Act, 1959.
Leave granted to convert the Criminal Writ Petition into a Civil Writ Petition.
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.
1 55-CrWP-75-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.
CRIMINAL WRIT PETITION NO. 75 OF 2023
Bhagwat s/o Bhimrao Chavan
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
Mr. Vishal A. Bagal Patil – Advocate for the petitioner
Mr. S. D. Ghayal – APP for respondent/State
CORAM : MANGESH S. PATIL
AND
M. M. SATHAYE, JJ.
DATED : 20.03.2023
PER COURT : -
.Though the petition has been styled as a Criminal Writ
Petition, essentially the petitioner is trying to prosecute his civil right of
possessing an arm under the Arms Act, 1959.
2. Leave granted to convert this Criminal Writ Petition petition
as Civil Writ Petition.
[ M. M. SATHAYE ] [ MANGESH S. PATIL ]
JUDGE JUDGE
SGP
1 issue framed by the court
Whether the Criminal Writ Petition should be converted into a Civil Writ Petition for the purpose of enforcing a civil right of possession under the Arms Act, 1959.
1 provisions across 1 enactments
Bhagwat s/o Bhimrao Chavan
The State of Maharashtra
Mangesh S. Patil
M. M. Sathaye
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court