Pandit Shankar Kalan vs The State Of Maharashtra
2017 Latest Caselaw 7631 Bom

 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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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

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