Bombay High Court
Rajendra Bhau Patole vs The State Of Maharashtra And Anr on 21 December, 2021
Author: Sarang V. Kotwal
Bench: Nitin Jamdar, Sarang V. Kotwal
1/2 902-WP-3812-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3812 OF 2021
Rajendra Bhau Patole .... Petitioner
versus
The State of Maharashtra & Anr. .... Respondents
.......
• Mr.Girish Kulkarni a/w Mr.Milind Deshmukh, Advocate for
Petitioner.
• Mr.J.P. Yagnik, APP for State/Respondent.
CORAM : NITIN JAMDAR &
SARANG V. KOTWAL, JJ.
DATE : 21 DECEMBER 2021
P.C. :
. Heard learned counsel for the parties.
2. The first prayer in this Petition is for a declaration that MANUSHREE Section 21(3) of The Maharashtra Control of Organized Crime Act, V NESARIKAR 1999 (MCOCA), is unconstitutional. The prayer is in abstract and Digitally signed by MANUSHREE V NESARIKAR Date: 2021.12.23 the Constitutional validity of the Act has been upheld by the 17:18:54 +0530 Supreme Court. The second prayer is for quashing and setting aside the order passed by the learned Special Judge in Anticipatory Bail Nesarikar 2/2 902-WP-3812-21.odt Application. This challenge cannot be considered in a writ jurisdiction. Both the prayers thus cannot be granted. There are no other prayers. The Petition could have been dismissed today itself on this count. However, since the learned counsel for Petitioner seeks time to examine the position and amend the prayers, by way of indulgence, stand over to 6 January 2022. Leave to amend is granted.
3. In case of any emergent situation, after the amendment is so carried out, the Petitioner can apply to the Vacation Court, after satisfying the Vacation Court of the urgency.
(SARANG V. KOTWAL, J.) (NITIN JAMDAR, J.)