JWALA JAMBUVANTRAO DHOTE Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Heard Mr. S. P. Bhandarkar, learned counsel with Mr. Ganesh Mate, learned counsel appearing for the petitioners and Ms. Ketki Joshi, learned Public Prosecutor and Mr. A. S. Fulzele, learned Additional Public Prosecutor appearing for the respondent-State authorities in these two petitions.

(2.) Both these petitions have come up for consideration for the first time before this Court. Although, the petitions pertain to different factual scenarios, but the question that is raised for consideration in both these petitions is common and therefore, these petitions have been taken up for consideration together.

(3.) Since, the petitioners in these petitions are seeking to invoke writ jurisdiction of this Court, the respondent-State authorities have raised a preliminary issue pertaining to the very maintainability of the present petitions, in the facts and circumstances of the cases. In fact, this Court also raised the question of maintainability of these petitions at the outset and therefore, the learned counsel appearing for the petitioners was called upon to address this Court on the said issue. Initially, a short adjournment was sought to bring to the notice of this Court relevant judgments. The learned counsel appearing for the petitioners as well as learned Public Prosecutor and the learned Additional Public Prosecutor appearing for the State authorities have placed reliance on the judgments of the Hon'ble Supreme Court in order to buttress their respective stands.