1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.215 OF 2010 Digambardas S/o.Dwarkadas Shah, Deceased, through his L.R.'s 1-A) Pramila W/o.Digambardas Shah, Age-65 years, Occu-Household, R/o.14, Shriniketan Colony, Aurangabad. 1-B) Vaishali D/o.Digambardas Shah, Age-26 years, Occu-Education, R/o. As above PETITIONERS VERSUS 1. The Advocate General, Maharashtra State, High Court Building, Fort, Mumbai, 2. State of Maharashtra, Through Secretary, Home Department, Mantralaya Annexe, Mumbai-400032 RESPONDENTS Mr.P.R.Katneshwarkar, learned counsel for the petitioners. Mr.N.R.Shaikh, learned A.P.P. for respondent State. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 29/09/2010 2 PER COURT : 1. This is a petition under Article 226 of The Constitution of India, by which the petitioners pray vide prayer clause 'B' for calling the record and proceedings from the office of The Supdt. of Police, Aurangabad and Bidkin Police Station, Aurangabad in respect of filing of affidavit in reply in Cri.W.P. No.210/2006. Vide prayer clause 'C' to the petition, the petitioners have prayed for issuance of a writ to the Advocate General, Maharashtra State, to grant permission to file a criminal contempt petition against the earlier Supdt. of Police, Aurangabad namely Ravindra Singhal and Police Sub Inspector, Bidkin Police Station, Aurangabad namely Tulshiram Tukaram Dhumal. Vide prayer clause 'D' to the petition, the petitioners pray for instituting an inquiry by appointing a retired judge to enquire into the matter in respect of filing of affidavit in reply by the earlier Supdt. of Police, Aurangabad and Police Sub Inspector, Bidkin Police Station, Aurangabad in Cri.W.P.No. 210/2006. The other reliefs pertain to the ad interim reliefs. 2. Shri.Katneshwarkar, learned counsel appearing for the petitioners has very fairly stated before us that the Advocate General for State of Maharashtra has already passed an order declining to grant sanction to file criminal contempt petition in this Court. In the light of the aforesaid statement, according to us, the relief which the petitioners have sought for at prayer clause 'C' to the petition, has been rendered infructuous. The relief at prayer clause 'D' to the petition can not be granted to the petitioners. 3 3. For the aforesaid reasons, there being no merit in the petition, this petition is dismissed with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEPT. 2010/cri.w.p.215-10