High Court at Aurangabad allowed a criminal writ petition by the brother of a gang leader, quashing action taken similarly in a related petition where the gang leader was involved, relying on the previous judgment quashing similar action.
Writ Petition allowed; Rule made absolute in terms of prayer clause 'B'; Writ Petition disposed off.
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.
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38.Cri.WP-818-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 818 OF 2022
Rahul Manik Tamnar,
Age : 26 Years, Occu.: Agri,
R/o : Tamner Akhada, Tq. Rahuri,
Dist. Ahmednagar....Petitioner
Versus
1. The State of Maharashtra, Copy to be served on G.P. High Court Bench at Aurangabad.
2. Superintendent of Police, Ahmednagar, Tq. & Dist. Ahmednagar.
3. The Divisional Commissioner, Nashik Division, Nashik, Tq. & Dist. Nashik. ...Respondents
Advocate for Petitioner : Mr. Jadhav Satej S
APP for Respondents/State : Mr. S. R. Yadav-Lonikar
CORAM : KISHORE C. SANT, J.
DATE : 9th FEBRUARY 2023.
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38.Cri.WP-818-2022.doc
ORAL JUDGMENT :
1. Heard the learned Advocates for the respective parties at length. By consent of the parties, the petition is taken up for final disposal. Hence Rule. Rule made returnable forthwith.
2.The learned Advocate for the petitioner placed on record a copy of
judgment passed by this Court dated 05.01.2023 in Writ Petition
No.1479/2022 in the case of Rama Dhuraji Bachkar Vs. The State of
Maharashtra and Others, against whom the similar action was taken
alongwith the present petitioner. The same order is impugned in this
petition. It is submitted that Rama is in fact shown to be a gang leader.
Whereas the present petitioner is real brother of the gang leader. Since
the similar action in the proceeding is already quashed in Writ Petition
No.1479/2022, he submits that this petition also be allowed.
3. The learned APP fairly submits that no other grounds are to be considered in this case.
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38.Cri.WP-818-2022.doc4. In view of the above, this Court finds that a case is made out to allow the petition. The Writ Petition is thus allowed. Rule is made absolute in terms of prayer clause ‘B’.
5. The Writ Petition is disposed off in the aforesaid terms.
[ KISHORE C. SANT, J.]Najee b .
Colour shows how this judgement treated each authority
Rama Dhuraji Bachkar Vs. The State of Maharashtra and OthersFollowed¶2
Writ Petition No.1479/2022 in the case of Rama Dhuraji Bachkar Vs. The State of Maharashtra and Others
Rahul Manik Tamnar
The State of Maharashtra
Superintendent of Police, Ahmednagar
The Divisional Commissioner, Nashik Division
KISHORE C. SANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court