Bombay High Court
Mohd. Hanif Mohd. Habib (In Jail) vs State Of Maharashtra Through ... on 15 February, 2017
Author: B.R. Gavai
Bench: B.R. Gavai
1 CWP.909.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 909 OF 2016.
Mohd. Hanif Mohd. Habib,
C-4848, Central Prison,
Amravati. ...... PETITIONER.
....Versus....
1] The State of Maharashtra,
through Additional Director General
of Police (Prison), Pune-1.
2] The Superintendent of Prison,
Central Prison, Amravati.
3] The Divisional Commissioner,
Amravati. ..... RESPONDENTS.
Ms. S.S. Dhote, Advocate for petitioner,
Mr. M.K. Pathan, Additional Public Prosecutor for respondents.
CORAM : B.R. GAVAI & KUM. INDIRA JAIN, JJ.
DATED : FEBRUARY 15, 2017.
ORAL JUDGMENT (PER B.R. GAVAI, J.)
1] Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties finally by consent.
2] The petitioner has approached this Court being aggrieved ::: Uploaded on - 17/02/2017 ::: Downloaded on - 19/02/2017 00:49:13 ::: 2 CWP.909.16.odt by the order dated 26.9.2016 vide which the application filed by the petitioner has been returned. The perusal of order dated 26.9.2016 would reveal that the said application is returned on the ground that the Rules are amended on 26.8.2016 and as such, the application of the petitioner dated 2.7.2016 cannot be considered.
3] The Division Benches of this Court in the case of Subhash Hiralal Bhosale .vs. The State of Maharashtra and others reported in 2014 ALL MR (Cri) 4330, so also in the case of Sharad Devaram Shelake .vs. The State of Maharashtra reported in 2016 ALL MR (Cri) 4128 have in unequivocal terms held that the relevant date for consideration of the application would be the date on which the application is filed.
4] In that view of the matter, we find that the authorities have erred in returning the application. The authorities ought to have considered the same on the basis of the Rules that were in vogue on 2.7.2016. The impugned order is, therefore, quashed and set aside.
The application of the petitioner is directed to be considered in accordance with the Rules which were in operation on 2.7.2016. The said decision be taken within a period of two weeks from today.
::: Uploaded on - 17/02/2017 ::: Downloaded on - 19/02/2017 00:49:13 :::3 CWP.909.16.odt 5] The Writ Petition stands disposed of. Rule is made absolute in the above terms.
JUDGE. J
UDGE.
J.
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