Bombay High Court

GANPAT GANGARAM DUDULE AND ANRversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed because the reliefs sought are within the jurisdiction of the civil court that has already granted an injunction, and the High Court lacks authority to grant them.

Summary

The petitioners, Ganpat Gangaram Dudule and another, filed a criminal writ petition seeking continuous police patrolling, police protection, and registration of offences against accused persons who allegedly assaulted and threatened them at an agricultural field in Hingoli. They relied on complaints dated 10/06/2020 and 30/10/2020 and requested the High Court to issue writs directing the police and restraining the accused. The High Court noted that a civil court had already granted an injunction against the same respondents, and that under its earlier order, matters already pending before a civil court are within the civil court's jurisdiction. Consequently, the Court held that the reliefs sought could not be granted by the High Court. The petition was therefore disposed of as nothing survived.

Issues considered

What jurisdiction does the High Court have to grant police protection and order registration of offences when a civil court has already granted an injunction against the same respondents?

Subjects

police protection
injunction
jurisdiction
criminal writ petition
civil court
restraining order
agricultural land dispute

Judgment

                               (1)
                                             917 Cri.WP-112.2021.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD
     917 CRIMINAL WRIT PETITION NO. 112 OF 2021

       GANPAT GANGARAM DUDULE AND ANOTHER
                           VERSUS
       THE STATE OF MAHARASHTRA AND OTHERS
                               …
 Mr. Sumit Kalaskar, Advocate holding for Mr. Yogesh Bolkar,
                Advocate for the petitioners.
         Mr. N.B. Patil, A.P.P. for respondent-State.
                               ...

                  CORAM : SANDIPKUMAR C. MORE AND
                          VAISHALI PATIL-JADHAV, JJ.

                  DATED : 29 AUGUST 2026.

Per Court :

1.    Though the learned counsel appearing for the petitioners

seeks time to take instructions, but on going through the

record, it appears that the petitioners have filed this petition

for the following reliefs.

      “B.   By way of appropriate writ, order or directions
      in the like nature, this Hon'ble High Court may kindly
      direct the respondent Nos. 2 to 4 to have the
      continuous patrolling in and around the agricultural
      field bearing Survey No. 42, situated at Bhategaon,
      Tq. Kalamnuri, District Hingoli, so that, the accused
      persons may refrain themselves from assaulting,
      abusing and threatening the petitioners and other
      owners.

      C.    By way of appropriate writ, order or directions
      in the like nature, this Hon'ble High Court may kindly
                           (2)
                                         917 Cri.WP-112.2021.odt
accord the police protection in favour of the petitioners
and others, from the accused persons named in the
Complaints dated 10/06/2020 and 30/10/2020.

D.    By way of appropriate writ, order or directions
in the like nature, this Hon'ble High Court may kindly
direct the respondent Nos. 2 to 4 to register the offence
against   the   accused   persons   on   the     basis   of
complaints dated 10/06/2020 and 30/10/2020 with
a further directions to restrain the accused persons
from assaulting and abusing the petitioners and other
family members / relatives of the petitioners.

E.    Pending hearing and final disposal of this
Criminal Writ Petition, this Hon'ble High Court may
kindly direct the respondent Nos. 2 to 4 to have the
continuous patrolling in and around the agricultural
field bearing Survey No. 42, situated at Bhategaon,
Tq. Kalamnuri, District Hingoli, so that, the accused
persons may refrain themselves from assaulting,
abusing and threatening the petitioners and other
owners.

F.    Pending hearing and final disposal of this
Criminal Writ Petition, this Hon'ble High Court may
kindly accord the police protection in favour of the
petitioners and others, from the accused persons
named in the Complaints dated 10/06/2020 and
30/10/2020.

G.    Pending hearing and final disposal of this
Criminal Writ Petition, this Hon'ble High Court may
kindly direct the respondent Nos. 2 to 4 to register the
offence against the accused persons on the basis of
                               (3)
                                             917 Cri.WP-112.2021.odt
     complaints dated 10/06/2020 and 30/10/2020 with
     a further directions to restrain the accused persons
     from assaulting and abusing the petitioners and other
     family members / relatives of the petitioners”.

      However, the prayer for police protection was only for

harvesting standing crops of the petitioners at the relevant

time and after said period is over such police protection may

not be required.   Further, this Court, under the order dated

25.02.2021 has clearly expressed that if any dispute was

pending in the Civil Court and any order of temporary

injunction is granted in favour of the petitioners, the Civil

Court is competent to grant the relief prayed in this petition.

The record shows that Civil Judge, Junior Division, Kalamnuri

had also granted injunction against respondent Nos.2 to 4.

Therefore, the prayer under clauses “B”, “C” and “D” cannot be

granted here as the petitioner has already sought order from

the competent Civil Court.

2.    In view of the same, nothing survives in this petition and

it stands disposed of.




(VAISHALI PATIL-JADHAV)              (SANDIPKUMAR C. MORE)
       JUDGE                                 JUDGE



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