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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
                   Komal Kamble                                                  Page| 1 of 2
                                       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


Komal Kamble                                                        Page| 2 of 2


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