Shakti Foundation Alandi Devachi ... vs State Of Mah. Thr. Its Secretary ...
2022 Latest Caselaw 3835 Bom

                                                                    1                                     Cr.WP.228.22-J


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR.

                     CRIMINAL WRIT PETITION NO. 228 OF 2022


          Shakti Foundation Alandi Devachi,
          Tah. Khed, District - Pune,
          Regd. No.Mah/876/2020/Pune,
          through its President Shri Thakur
          Shyamsinh Jiyalal Gadrel,
          Aged about 33 years,
          R/o. Pension Pura, Paratwada,
          Tah. Achalpur, District Amravati.                                            ....PETITIONER

          ---- VERSUS ----

 1.       State of Maharashtra,
          Through its Secretary,
          Department of Home,
          Mantralaya, Mumbai - 400 032.

 2.       Sub Divisional Police Officer,
          Achalpur, Tah. Achalpur,
          District - Amravati.

 3.       Police Inspector, Police Station
          Paratwada, Tah. Achalpur,
          District - Amravati.                                                         .... RESPONDENTS.

_________________________________________________________________________________________________________________________________

Mr. V. B. Gawali, Advocate for the Petitioner.
Ms M. A. Barabde, A.P.P. for the Respondents/State.
_________________________________________________________________________________________________________________________________



                       CORAM :                 V. M. DESHPANDE AND
                                               AMIT BORKAR, JJ.

                       DATE            :       08.04.2022.

ORAL JUDGMENT : [PER: AMIT BORKAR, J.]

1.                     Heard.

2. Rule. Rule made returnable forthwith.

2 Cr.WP.228.22-J

3. By this writ petition under article 226 of the

Constitution of India, the petitioner is challenging order dated

05.04.2022 passed by the respondent No.3 refusing to grant

permission to the petitioner for conduction procession on the

occasion of Ramnavami on 10.04.2022.

4. The petitioner has contended that the respondent No.3

has granted two permissions (1) Shri Ravi Agrawal, Ram Mandir

Sadar Bazar, Paratwada and (2) Member of Laxmandas Baba Ram

Mandir, Mughlai, Paratwada. He therefore submits that he deserves

equal treatment with that of those in whose favour the permission

has been granted by the respondent No.3.

5. We have carefully perused the impugned order. It

states that the permission has been rejected on the ground that the

power to decide the procession's route is with the State

Government.

6. On perusal of Section 36 of the Maharashtra Police Act,

1951 it is clear that the power to decide the procession's route is

with the Superintendent of Police or Officer not below the rank of

Inspector. The impugned order has been passed by the Police

Inspector, Paratwada. Therefore, in our view, the Police Inspector, 3 Cr.WP.228.22-J

Police Station, Paratwada has a power to grant permission in

relation to route of procession as contemplated by Section 36(c) of

the Maharashtra Police Act, 1951.

7. Today Shri Santosh Tale, Police Inspector - respondent

No.3 is present in the Court.

8. The learned Advocate for the petitioner states that if

the petitioner is granted permission to carry out the procession of

Ramnavami on the same terms and conditions, which have been

granted in favour of the aforesaid two persons, the grievance would

be satisfied. Shri Santosh Tale, Police Inspector states that the

permission will be granted to the petitioner on the same terms and

conditions and on the same route which has been granted in favour

of the aforesaid two persons.

9. The route in relation to which the permission was

granted to aforesaid two persons is as under :

Sankat Mochan Hanuman Mandir - Mahavir Chowk -

Jagdamba Chowk - Durani Chowk - Sadar Bazar - Police Station

Chowk - T. V. Tower Chowk - Durani Chowk - Jagdamba Chowk -

Mahavir Chowk - Sankat Mochan Hanuman Mandir.

4 Cr.WP.228.22-J

10. The learned Advocate for the petitioner states that the

members of the petitioner's society shall undertake not to perform

any act which will create law and order situation in the said area.

He also undertakes that the procession will be over by 10.00 p.m.

on 10.04.2022.

11. In view of the statement made by the respondent No.3

and agreed by the learned Advocate for the petitioner, nothing

remains to be adjudicated in this petition. The petition is therefore

disposed of in terms of undertakings recorded as above.

12. Rule is made absolute in the above terms. Pending

application(s), if any, stand(s) disposed of.

                                              JUDGE                                     JUDGE



            RGurnule




Signed By:RANJANA MANOJ
MANDADE
Private Secretary
High Court Nagpur
Signing Date:08.04.2022 16:58