Petitioner in person sought police protection, atrocity-case compensation and railway pensionary dues under the SC/ST (Prevention of Atrocities) Act and Rules. The court held the reliefs could not be granted in the petition, did not adjudicate any relief, and dismissed it with contentions open.
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.
Digitally signed by RUSHIKESH RUSHIKESH VISHNU VISHNU PATIL PATIL Date: 2024.01.05 16:30:51 +0530
6 WP.1688.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1688 OF 2023
Jagannath Prasad Rajaram Shoke... Petitioner
Versus
Governor/LT Governor Union Territories
and Ors....Respondents
WITH
INTERIM APPLICATION NO. 2577 OF 2023
IN
WRIT PETITION NO. 1688 OF 2023
Jagannath Prasad Rajaram Shoke ... Applicant
Versus
Governor/LT Governor Union Territories
and Ors....Respondents
WITH
INTERIM APPLICATION NO. 4026 OF 2023
IN
WRIT PETITION NO. 1688 OF 2023
Jagannath Prasad Rajaram Shoke ... Applicant
Versus
Governor/LT Governor Union Territories
and Ors....Respondents
Mr. Jagannath Prasad Rajaram Shoke, the Petitioner-in-Person is
present.
Mr. H. S. Venegavkar, P.P. a/w Ms P. P. Shinde, A.P.P. for the
Respondent- State
Ms Mamta Singh a/w Ms Neha Patil for Respondent No. 15.
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Mr. J. P. Yagnik, for Respondent Nos. 3 and 4.
CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.
DATE : 3rdJANUARY 2024
P.C.:
1.Heard the petitioner who appears in-person and Mr.
Venegavkar, learned Public Prosecutor for the State of
Maharashtra.
2. By this petition, the petitioner seeks the following reliefs:
(a) The Hon’ble High Court kindly provide
protection to petitioners by way of restrain the State
Govt. police of Maharashtra & railway authorities
under mandate special provisions of section 15A (8)
(c) of POA Act in the interest of justice please.
(b) The Hon’ble High Court kindly issue the writ to
Central Govt. and State Govt. of Maharashtra for
making full and complete payments of reliefs and
relief amounts, compensations as well as travelling
allowances, daily allowances, maintenance expenses
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6 WP.1688.2023.doc
and transporting facilities to petitioners being victim
in pending atrocities cases admissible under
provisions of POA Act 2015 and POA Rules 2016 in
present matter, in the interest of justice please.
(c) The Hon’ble High Court kindly issue the writ to
Secretary/Chairman/CEO of Indian Railway to release
all pending dues & retirement benefits including
regular pension, privilege retirement passes with all
consequential benefits along with compound interest,
compensations as mentioned in present Cri. W. P. &
submitted vide representation dated 22.12.2018 and
submitted time to time, mentioned in present Cri.W.P.
in the interest of justice please.
(d)Pending this Cri.W.P. and till final decision in
present Cri.W.P., direct the Hon’ble Governor State
Govt. of Maharashtra & Central Govt. of India as
well as to Chairman/Secretary/CEO/Rail Minister
release the 25% and 50% reliefs amounts & T.A.,
D.A. and daily expenses including other kinds of
reliefs with restoration of rights of victim- petitioners
admissible under POA Act & POA Rules at the stage
of FIR and charge sheet and during period of
investigation and trial of pending atrocity cases
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6 WP.1688.2023.doc
mentioned in present Cri.W.P. & representations
submitted to all concerned including Governor State
Govt. of Maharashtra and pending dues amounts &
all pensionary / retirement benefits to petitioners
mentioned in this Cri.W.P. and representations
submitted time to time as mentioned in this Cri.W.P.,
in the interest of justice please.
(e) The prayer clause (d) kindly be granted ex-parte,
since admissible under mandate provisions of POA
Act, POA Rules and railway service rules, in the
interest of justice please.
(f)The Hon’ble High Court kindly issue writ to
Judicial Officers/ Special Judges of Special Court,
District & Session Court, District Akola, Nashik and
Thane / Kalyan and State Govt. of Maharashtra for
disposing pending atrocity cases, with pending
applications within prescribed time limit / period
mentioned under mandate provisions of Section 14
and 15A (8) (c) of POA Amendment Act 2015 with
strict implementation of mandate provisions of POA
Act and PCR Act, in the interest of justice please.
(g) Any other & further order as this Hon’ble High
Court may deem fit, proper & necessary in favour of
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6 WP.1688.2023.doc
the petitioners in the facts & circumstances of the
case may also be passed for complete justice please.
3.Since the petition was vague and since some of the reliefs cannot
be granted in this petition, we asked the petitioner whether he would
want an Advocate from the Legal Services Authority to espouse his
cause. However, the petitioner continued to make submissions. We
heard the petitioner for almost more than 20 minutes. The reliefs as
sought for cannot be granted in this petition. It is open for the
petitioner to approach the concerned authorities and seek the reliefs as
sought for in the petition.
4.We make it clear that we have not adjudicated on any of the
reliefs sought for in this petition, and as such all contentions of all the
parties are kept open. Accordingly the writ petition stands dismissed.
5. In view of dismissal of the writ petition, the interim applications do not survive and same are also disposed of.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
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2 provisions across 2 enactments
Jagannath Prasad Rajaram Shoke
Governor/LT Governor Union Territories and Ors.
Revati Mohite Dere
Manjusha Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court