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2005 Supreme(SC) 895

State Of Maharashtra – Appellant
Versus
MOHD. RASHID – Respondent


Judgmet

( 1 ) HEARD the learned counsel for the parties.

( 2 ) DELAY condoned.

( 3 ) LEAVE granted.

( 4 ) THE only grievance of the appellant State in this appeal, at this stage, is about the direction contained in the impugned order dated 21-11 -2002, of the high Court to the effect that if any crime is registered against the applicant (the first respondent herein) in future with the Nallasopara Police Station within a period of three years, he shall not be arrested in connection therewith, except after service of four working days advance notice in writing to him.

( 5 ) THE aforesaid order was passed in a contempt petition that had been filed by the first respondent against the State of Maharashtra and the assistant Police Inspector concerned attached with the aforesaid police station. The first respondent, by an earlier order passed on 26-8-2002, was granted anticipatory bail. The grievance of the first respondent was that despite grant of interim order in his favour restraining the arrest, the police arrested him in violation of the order. While disposing of the contempt petition and directing that the contempt petition be dropped, it has been noticed in the impugned order that




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