1 criwp931.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO. 931 OF 2017
Piram @ Premdas Ramaji Girhepunje,
aged about 60 years, Occ. Agriculturist,
R/o. Ward No.3, Kharbi, Thana Petrol Pump,
Bhandara, Tq. & Distt. Bhandara...... PETITIONER
...VERSUS...
1. State of Maharashtra,
through Secretary, Home Department
(Special), Mantralaya, Mumbai.
2. District Magistrate / Collector,
Bhandara, Dsitrict - Bhandara ....... RESPONDENTS
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Shri D.V.Mahajan, Advocate for Petitioner
Shri M.K.Pathan, APP for Respondents
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CORAM: R. K. DESHPANDE AND
M.G.GIRATKAR, JJ.
th
Date : 12 DECEMBER, 2017 .
JUDGMENT (P.C.)
Rule made returnable forthwith.
Heard finally by consent of the learned counsels appearing for the parties.
2] The order of detention was sent for approval of the State Government under Section 3(3) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video ::: Uploaded on - 12/12/2017 ::: Downloaded on - 13/12/2017 02:03:39 ::: 2 criwp931.17.odt Pirates Act, 1981. In the absence of approval from the State Government, the order remains in operation for a period of 12 days from the date of passing of the order. 3] On 07.09.2017, the order was passed and in the reply filed by the respondents, it is stated in para 7 that the State Government has not approved the same and it has been returned back with queries of technical deficiencies in the proposal and the order. The period of 12 days has expired.
4] In view of above, the petition needs to be allowed and the following order is to be passed. 5] Writ petition is allowed. The order of detention dated 07.09.2017 passed by the respondent No.2 against the petitioner is hereby quashed and set aside. Since it is informed that the petitioner was not actually detained, hence, the question of passing any order of releasing the petitioner from detention does not at all arise.
Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
Rvjalit
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