VILAS SIDDHARTH SIRSAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application takes exception to the order dated 18-12-2008 passed by the Sub-Divisional Magistrate, Akola in Case No. 29/2008 and the order dated 12-3-2009 passed by the Principal Secretary in Appeal No. EXT-2009/8/Visha-5, thereby rejecting the appeal of the applicant.

(2.) Brief facts of the case are as under :-

(3.) The learned Advocate appearing for the applicant submits that no independent enquiry has been conducted by the Sub-Divisional Magistrate before issuing the show cause notice to the applicant and has relied solely on the report placed by the Police Station Officer, Akola. The learned Advocate further submitted that the offences mentioned in the said show cause notice and further relied upon by the Sub- Divisional Magistrate for passing the impugned order cannot be considered since in first five offences mentioned in the show cause notice, the applicant has been acquitted when in other cases, the applicant has been granted bail.