LAWS(BOM)-2020-11-136

DINESH Vs. SUPERINTENDENT OF POLICE

Decided On November 23, 2020
DINESH Appellant
V/S
SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith.

(2.) Heard finally by consent.

(3.) Heard learned Senior Counsel Shri Anil Mardikar for the petitioner. He has assailed the impugned order dated 17.08.2020 on the ground that it does not, in any manner, fulfill the requirements of Section 57 of the Maharashtra Police Act, 1951 (for short the "Act of 1951") and that it is also the result of absolute non-application of mind on the part of respondent no. 2. He submits that there must be some material available on record on the basis of which subjective satisfaction of the empowered officer required under Section 57 of the Act of 1951 is recorded and that in the present case, there is absolutely no material available on record or at least the presence of such material on record is not reflected anywhere in the impugned order. He placed his reliance upon the view taken by this Court in the case of Karan Ramesh Ghuge Vs. Dy. Commissioner of Police and Ors. reported in 2013 ALL MR (Cri) 3491.