Bombay High Court
SHAIKH MUJAHID ABDUL MAJID AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition is disposed of because the same relief was already decided in Criminal P.I.L. No. 15 of 2022, and the petitioners have an alternate remedy.
Summary
Shaikh Mujahid Abdul Majid and others filed a criminal writ petition seeking relief, including police protection, against the State of Maharashtra. The court noted that identical prayers had already been addressed in Criminal Public Interest Litigation No. 15 of 2022, where it had directed the petitioners to approach the Special Court for M.C.O.C.A. offences or the relevant police authority. Relying on that earlier order, the bench declined to re‑hear the matter and disposed of the writ petition. The court ordered the refund of the deposit paid by the petitioners with interest. Consequently, the pending criminal application filed in the same case was also dismissed.
Issues considered
- What is the appropriate forum for the petitioners' grievance when identical relief has been sought and decided in a prior P.I.L.?
- Whether the court should entertain a writ petition that duplicates relief already considered in another proceeding.
Subjects
- criminal writ petition
- jurisdiction
- alternate remedy
- police protection
- M.C.O.C.A.
- disposal
- refund of deposit
Judgment
2026:BHC-AUG:42166-DB
917 CRIMINAL WRIT PETITION NO. 1227 OF 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
917 CRIMINAL WRIT PETITION NO. 1227 OF 2021
Shaikh Mujahid Abdul Majid And Others
Versus
The State Of Maharashtra And Others
__________________________________________________________
• Adv. Asim Sarode, Adv. Gore Nikita N., Adv. Faij Khan
Jarif Khan for Petitioners
• Mr. A. S. Shinde, Addl.P.P. for State
__________________________________________________________
WITH
CRIMINAL APPLICATION NO. 564 OF 2022
IN WP/1227/2021
…
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : SEPTEMBER 08, 2026
PER COURT :
1) Heard.
2) Though the learned counsel for the petitioners
seeks time to take instructions, the learned Additional
Public Prosecutor has placed on record the order dated
13.03.2023 passed by this Court in Criminal Public
Interest Litigation (P.I.L.) No. 15 of 2022.
3) On going through the said order, it is clearly
evident that the same prayers as sought in the present
petition were also sought in the said Criminal P.I.L. In the
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917 CRIMINAL WRIT PETITION NO. 1227 OF 2021
aforesaid order, this Court had observed that the
petitioners have an alternate remedy of raising their
grievance before the Special Court dealing with M.C.O.C.A.
offences. Moreover, this Court had also observed that, in
the event of any grievance regarding grant of police
protection, the petitioners may approach the concerned
police authority dealing with such issue in accordance with
the rules.
4) Under such circumstances, when this Court
had already considered prayers similar to the prayers made
in the present petition and disposed of the said petition, in
view of the order dated 13.03.2023 passed in Criminal
P.I.L. No. 15 of 2022, we are not inclined to reconsider the
same in the present petition. Accordingly, the Criminal Writ
Petition stands disposed of.
5) In view of the same, the amount deposited by
the petitioners as per the direction of this Court to show
their bona fides be refunded to the respective petitioners,
along with the interest accrued thereon till date.
6) In view of the disposal of the Criminal Writ
Petition, the pending Criminal Application also stands
disposed of.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
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