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2025 DAILYLAW 52609 (BOM)

VISHAL S/O NAGENDRA DHOPADE v. STATE OF MAHARASHTRA, THROUGH IT SECRETARY, DEPARTMENT OF HOME, MUMBAI AND OTHERS

WP/684/2015 · 2025-01-03

Shri Nitin W Sambre, Vrushali V Joshi

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Judgment text

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205-CRWP-684-2015.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR. CRIMINAL WRIT PETITION NO. 684 OF 2015 Mr.Vishal s/o Nagendra Dhopade vs. State of Maharashtra, and others. ------------------------------------------------------------------------------------------------------- Mr. R.R.Vyas, Advocate for petitioner. Ms S. S. Jachak, Additional Public Prosecutor for respondent nos. 1 to 3. ------------------------------------------------------------------------------------------------------- CORAM :- NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 3rd JANUARY, 2025 P. C. Heard Mr. Vyas, learned counsel appearing for the petitioner. The documents tendered by Mr. Vyas during the course of argument are taken on record. 2. The prayer is for issuance of directions to the respondent no.2 to initiate departmental enquiry/proceedings against the respondents-police personnel (delinquents) who are found guilty by the Enquiry Officer in his report dated 16.05.2015. 3. In view of the order dated 19.04.2022 passed below Exhibit 1 in RCC No.75/2015 (Vishal Dhopade vs. Rajendra Tayade and 5 others) by the Judicial Magistrate First Class, Pulgoan(Court No.2), the prayer for issuance of directions to prosecute the respondents-delinquents cannot be gone into for want of sanction. In case, if the petitioner applies and gets sanction, he is at liberty to move afresh if cause to that effect arises. 4. We are informed that the respondents-delinquents are already proceeded against under the departmental proceedings and are punished. 5. We accept the aforesaid statement made by the learned counsel for the petitioner. 6. In view of aforesaid statement, the criminal writ petition stands disposed of. Rule accordingly. (MRS.VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Andurkar. 2025:BHC-NAG:72-DB