DHANANJAY GOVIND DEODHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. Heard Mr. Anand Jaiswal, Adv. for Petitioner, Mr. N. W. Sambre, Government Pleader for Respondent Nos. 1 & 2 and Mr. S. P. Dharmadhikari, Senior Counsel with Mr. D. V. Chauhan, Adv. for Respondent Nos.3 & 4.

(2.) This petition is directed against the order dt. 12.9.2006 passed by the State of Maharashtra rejecting the application of petitioner for grant of sanction to prosecute respondent nos.3 and 4 under Section 197 of the Code of Criminal Procedure as well as the order dt. 6.9.2006 passed by the Collector. Nagpur. The petitioner, in addition to quashing of these orders, has also prayed that sanction may be granted to prosecute respondent nos.3 and 4 for committing the alleged offence punishable under Section 95 of the Bombay Prohibition Act. 1949.

(3.) Counsel for petitioner has submitted that a raid was conducted on the establishment of petitioner on 9.4.2000 under the supervision and directions of respondent nos.3 and 4. During the course of raid, entire stock of liquor and cash from the hotel of petitioner was seized. The raiding party manhandled, abused and assaulted the persons who were present in the hotel, at the instance of respondent nos.3 and 4.