1 9.wp.294-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.294 OF 2011 Shri Damodar @ Balasaheb Dnyaneshwar Molak. ..Petitioner. Vs. State of Maharashtra and others. ..Respondents. .......... Mr.Vilas B. Tapkir, Advocate for the Petitioner. Mr.D.P. Adsule, A.P.P. for the State. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 25th FEBRUARY, 2011. P.C. 1. Heard Counsel for the Petitioner and learned A.P.P 2. In deference to the observations made by the Court, learned APP on instructions of Mr.D.S. Datar, ACP Special Branch, Pune City, who is present in Court, states that the Department will immediately restore the facility of police protection to the Petitioner forthwith on payment basis and thereafter enquire into the correctness of the factual position stated in the recommendation made by the opposition leader from time to time. PPD 2 9.wp.294-11 3. In the event, it is found during the enquiry that the factual position stated by the leader of opposition in his recommendatory letter to justify extending the police protection to the petitioner is incorrect, it would be open to the Department to reconsider the decision of giving police protection to the Petitioner after following due process of law. In that, the Petitioner will be given opportunity to place on record material which in his opinion would support the factual position stated by the leader of opposition in the recommendatory letters from time to time and the news items appearing in the local newspaper mentioning about participation of the Petitioner in the cause of public interest. The Appropriate Authority will be free to take final decision upon considering all aspects of the matter, in accordance with law. 4. Petition is disposed of on the above terms. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)