1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION No.384 OF 2011 (Hasnat-e-Burhaniah Fidayyiah Trust (Wakf), Nagpur and Ors. vs. State and Ors.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. DATED : OCTOBER 04, 2011. Heard Mr.K.H.Deshpande, Senior Counsel along with Mr.A.M.Rizwy, Counsel for the petitioner, Mrs. Bharti Dangre, Additional Government Pleader for respondent nos. 1 to 4 and Mr.Shyam Dewani, Adv. for respondent no.5. Though the respective sides have invited our attention to the material available on record to buttress their respective contentions, the learned Senior Counsel has urged that even necessity or relevance of Sections 145/147 of the Code of Criminal Procedure has not been looked into by the Authorities. Mr.Shyam Dewani, Adv. for respondent no.5 states that respondent no.5 has no objection to the Authorities examining 2 relevance or necessity of such a step. He, however, submits that present petition under Article 226 of the Constitution of India is not maintainable because of availability of alternate remedies and disputed questions of fact that arise. The learned Addl.G.P. also supports the argument of Mr.Shyam Dewani, Adv., but then he states that as independent and impartial Authorities, police have no objection to examine application of provisions of Sections 145 and 147 of Cr.P.C. in the present matter. In this situation, we direct the competent Authority/respondent no.3 to examine the facts and find out relevance of Sections 145 and 147 in the matter and if he is so satisfied, to initiate proceedings thereunder in accordance with law. With these directions, the present petition is disposed of leaving all the rival contentions open. JUDGE JUDGE jais