IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1578 OF 2021 Mayur Vasant Sonawane, Aged about 30 years, Occ. Labour, adult, Indian Inhabitant, Having address at Takle Nagar, Ganeshwadi Panchvati, Nashik, District-Nashik.

Presently residing out of Nashik due to externment order. …. Petitioner Versus

1. The State of Maharashtra, &

2. The Dy. Commissioner of Police, K-Zone, Nashik. … Respondents .…

Mr. Prashant Aher, Advocate i/b. Prashant Gavai, for the Petitioner.

Mr. G.S. Godbole, Advocate appointed as Amicus Curiae.

Smt. A.S. Pai, Public Prosecutor a/w. K.V. Saste, APP, for the State.

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CORAM : S. S. SHINDE, PRAKASH D. NAIK, &

SARANG V. KOTWAL, JJ.

RESERVED ON : 25th MARCH, 2022 PRONOUNCED ON : 21st APRIL, 2022 Deshmane(PS)

JUDGMENT : [PER SARANG V. KOTWAL, J.]

1. Pursuant to the reference made by a Division Bench (Coram: Nitin Jamdar & Sarang V. Kotwal, JJ.) vide order dated

17.12.2021, we are called upon to decide the following two issues:

(i) Whether the power under Section 60 of the Act of 1951 is quasi judicial in nature; and (ii) Whether there is a duty to give reasons while disposing the appeal under Section 60 of the Act of 1951.

Th