Md. Hanif vs . State & Anr. on 19 August, 2023
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SC No.40/2023
Md. Hanif Vs. State & Anr.
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Mohammad Hanif Ismail Khan Ajmeri And ... vs The State Of Maharashtra And Anr on 20 September, 2016
Gopichand S/O. Fakru Mandhare vs State Of Mah. Thr. Section Officer Home ... on 16 July, 2024
i] Shri. Vidyadhar H. Varma Vs. Shri. R. H. Mendonca & Ors
[2000 ALL MR (Cri) 773],
ii] Rajkumar @ Anda s/o. Jaglal Jaiswal Vs. State of
Maharashtra & Ors. [2017 ALL MR (Cri) 4791],
iii] Shahnawaj Khan s/o. Ismail Khan Vs. The State of
Maharashtra & Anr. [2014 All MR (Cri) 940],
iv] Jakir @ Jakira Hussain Vs. State of Maharashtra and Anr.
Dharma@Dharmraj Nimai Roy (In Jail) vs The State Of Maharashtra, Thr. Its ... on 18 December, 2018
6. It is the submission of the learned counsel for the
petitioner that there has been undue delay which has taken
place in passing of the impugned orders dated 19.06.2018 and
17.07.2018 by respondent Nos. 2 and 1 respectively. He
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submits that the crime that was registered against the
petitioner was of the year 2017 and in-camera statement of
witness 'A' was recorded in January 2018 and in-camera
statement of witness 'B' was recorded in December 2017
whereas the proposal was sent in May 2018, which was
accepted by respondent No. 2 in June 2018. He submits that
this delay was totally unexplained and it has resulted in
snapping of live link between the alleged prejudicial activities
of the petitioner and the need expressed by the impugned
orders for preventively detaining the petitioner. He places
reliance upon the judgment in the case of Pradeep Nilkanth
Paturkar vs. S. Ramamurthi & Ors., reported at AIR 1994 SC
656 and also the judgment of this Court in the case of
Shahnawaj Khan s/o Ismail Khan vs. The State of Maharashtra
& Anr., reported at 2014 ALL MR (Cri) 940 and in the case of
Rashid Shaukat Husain Sayyed @ Jagga vs. The State of
Maharashtra & Ors., reported at 2018 ALL MR (Cri) 3543,
which followed the ratio of the judgment in the case of
Pradeep Nilkanth Paturkar.
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