jdk 1 18.crwp.3493.17.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3493 OF 2017
Pandit Shankar Kalan
C/5418, Kolhapur
Central Prison, Kolhapur .. Petitioner
Vs.
The State of Maharashtra .. Respondent
....
Ms. Rohini Dandekar Advocate appointed for Petitioner
Mrs. G.P.Mulekar A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI AND
DR.SHALINI PHANSALKAR-JOSHI, JJ.
DATED : SEPTEMBER 27, 2017 ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J. ]:
1 Heard both sides. 2 The petitioner preferred an application for furlough on
31.5.2016. The said application came to be rejected by order dated 2.9.2016, hence, this petition.
3 The legal position is that against an order of rejection,
remedy of appeal is provided. The petitioner has not
exhausted that remedy. The Constitution Bench of the
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jdk 2 18.crwp.3493.17.j.doc
Supreme Court in Thansingh Nathmal Vs. The Superintendent of Taxes, Dhubri and others, reported in A.I.R. 1964 SC 1419, has observed that when there is an alternate remedy available, a writ petition should not be entertained. In this view of the matter, we are not inclined to entertain the present petition and the petitioner is relegated to the remedy of preferring an appeal against the order of rejection.
4 In view of the above, the petition is disposed of. Rule is discharged. Office to communicate this order to the petitioner who is in Kolhapur Central Prison, Kolhapur. [DR.SHALINI PHANSALKAR-JOSHI,J.] [ SMT.V.K.TAHILRAMANI, J.] kandarkar 2 of 2 ::: Uploaded on - 28/09/2017 ::: Downloaded on - 29/09/2017 01:43:06 :::