Chaitanya @ Nikku S/O Rajendra ... vs The Divisional Commissioner, ...
2022 Latest Caselaw 7462 Bom

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH : NAGPUR

                                            CRIMINAL WRIT PETITION NO. 320 OF 2022

                         Chaitanya @ Nikku s/o Rajendra Kachre                                                                                  -- Petitioner
                                                                              Vs.
                         The Divisional Commissioner, Amravati                                                                                  -- Respondents
                         Division and another

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. J.B. Kasat, Advocate for petitioner Mr. M.J. Khan, APP for respondents / state

CORAM : MANISH PITALE AND G.A. SANAP, J.J.

DATE : 01st AUGUST, 2022

In this petition, notice was issued on 17/05/2022, by the Vacation Bench. The Registry has placed this petition before this Court.

2. The learned counsel appearing for the petitioner has filed a pursis dated 21/07/2022, stating that under the Bombay High Court Appellate Rules, 1960 and judgment of Full Bench of this Court in the case of Mayur Vasant Sonwane Vs. The State of Maharashtra & ors. (judgment and order dated 21/04/2022, passed in Criminal Writ Petition No.1578 of 2021), the present

MP Deshpande 2/2 37-WP-320-22

petition has to be placed before a learned Single Judge of this Court.

3. Perused the impugned order dated 15/03/2022. It is passed by the respondent - Divisional Commissioner, Amravati, exercising power under Section 60 of the Maharashtra Police Act, 1951. The Full Bench judgment of this Court in the case of Mayur Vasant Sonwane Vs. The State of Maharashtra (supra), specifically dealt with the question as to whether power exercised under Section 60 of the said Act is quasi judicial in nature. The question was answered in the affirmative and on that basis, it was held that a petition challenging such an order will have to be placed before a learned Single Judge of this Court under Chapter XVII Rule 18 of the aforesaid Rules.

4. Accordingly, the Registry to take steps to place this petition before the appropriate Bench.

(G.A. SANAP, J.) (MANISH PITALE, J.)

Digitally signed by:MILIND P DESHPANDE Signing Date:01.08.2022 18:16

MP Deshpande