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2017 Supreme(Bom) 135

S.S.SHINDE, K.K.SONAWANE
Zumbar S/o Goroba Kadam – Appellant
Versus
State of Maharashtra, through Home Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. G.J. Kore.
For the Respondent: Ms. Preeti V. Diggikar.

JUDGMENT :

S.S. SHINDE, J.

1. Heard.

2. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

3. This Petition is filed with the following prayer clause:

(B) By issuing the writ of certiorari or any other writ, order or direction like in nature the impugned order dated 28.12.2016 in proceeding No. 2016/SAPR/EXTERNMENT/CR- 127 passed by the Ld. Divisional Commissioner Aurangabad and order dated 07.10.2016 passed by the Sub-Divisional Officer Osmanabad in proceeding no. 2016/Penal/CR-108 may kindly be quash and set aside.

4. The learned counsel appearing for the petitioner submits that the Sub-Divisional Officer ought to have considered that the offences registered against the present petitioner are not serious one or against the society or dangerous to the public at large. It ought to have been considered by the authorities that only three offences are registered against the present petitioner and the same are registered only to pressurize the present petitioner. Respondent no. 3 did not take into consideration that as the present petitioner had filed complaint against the Sarpanch namely Arun Appasaheb Veer and only to give counter blow to the crime regi






















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