1 CRWP NO.7 of 1998 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.7 of 1998 Date of decision:5/1/2011 For approval and signature HON'BLE MR.JUSTICE K.U.CHANDIWAL 1. Whether the Reporters of Local Papers Yes may be allowed to see the Judgment ? 2. To be referred to the Reporter or not ? No 3. Whether Their Lordships wish to see No. the fair copy of the Judgment ? 4. Whether this case involves a substantial? No. question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder ? 5. Whether it is to be circulated to the No. Civil Judges ? 6. Whether the case involves an important No question of law and whether a copy of the Order should be sent to Bombay, Goa and Nagpur Office ? Private Secretary AGP/office/7-98crwp 2 CRWP NO.7 of 1998 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.7 OF 1998 Dhanraj alias Dilip s/o Navalrai Rizwani, aged 36 years, Occu. business, r/o Vazirabad, Nanded. ...PETITIONER VERSUS 1. The State of Maharashtra. 2. The District Superintendent of Police, Nanded, Dist. Nanded. 3. The Police Inspector, Vazirabad Police Station, Nanded. 4. Shivappa s/o Adiappa Kullur, aged 57 years, occu.service as the Superintendent of State Excise, State Excise Office, Vasantnagar, Nanded. ...RESPONDENTS ... Mr. A.G.Godhamgaonkar, Adv., for the petitioner. Mr. V.H.Dighe, A.P.P., for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE : 5th Jan.,2011 *** ORAL JUDGMENT: 1. Heard Mr. A.G.Godhamgaonkar, learned Counsel for the petitioner. 3 CRWP NO.7 of 1998 2. The petitioner, being husband of a partner of Sagar Wines has, allegedly, threatened the Superintendent of State Excise. The Superintendent Mr. S.A.Kullur on 28.7.1997, felt that the applicant, being of a wrecked nature, is bent upon making false applications and he apprehended danger to his life. Based on such letter from Superintendent, an action was tried to be contemplated against the applicant. His statement was recorded ( Page No.49). The applicant emphatically denied of any such revengeful attitude on his behalf. He also informed that the learned Superintendent has a licensed revolver and, consequently, he can use the same at any time, if any coercive action is taken by the accused/petitioner. Considering the nature of accusations and time lag since 1997, the contemplated action against the accused/applicant vide Chapter Case No.203/1997, being totally based on assumptions and surmises, needs interference. It is quashed. Criminal Application allowed in above terms. Rule made absolute. (K.U.CHANDIWAL) JUDGE ... AGP/7-98crwp