The court document discusses a Public Interest Litigation filed regarding the implementation of a state government resolution to withdraw criminal cases against farmers involved in demonstrations. The government pleader states that in 314 cases the committee has agreed to withdraw prosecution, and the court directs the state government to file applications for withdrawal in these cases within two weeks. The court also orders applications in pending cases to be decided expediently, and requires the state government to submit reports on further progress in implementing the resolutions.

1. 911-PIL-8 OF 2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
911 PUBLIC INTEREST LITIGATION NO.8 OF 2020
AJIT BABANRAO KALE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioner : Mr. Ajit Babanrao Kale (Petition-in-person)
GP for Respondents : Mr. D.R. Kale
...
CORAM : R.D. DHANUKA &
S.G. MEHARE, J.J.
DATED : 12th
APRIL, 2022
PER COURT.:-
1. The petitioner who is a practicing counsel of this Court
has filed this PIL inter alia praying for order and direction against the
respondents to implement the policy decision as per Government
Resolution dated 14.03.2016 issued by the State Government and to
withdraw the criminal cases pending against the farmers across the
State which were filed in course of agitations/demonstrations by
issuing writ of mandamus or any other writ or order in the nature of
writ of mandamus.
2. Mr. Kale, appearing in person invited our attention to
various resolutions annexed to the petition issued by the State
Government proposing to withdraw the criminal prosecution against
the farmers and social activist initiated in which there is no loss of life
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2. 911-PIL-8 OF 2020.odt
and loss of public and private property more than Rs.5,00,000/-. He
submits that though these resolutions are passed from time to time,
the same are not implemented in right perspective.
3. Mr. Kale, learned Government Pleader tenders a copy of
the chart along with the covering letter dated 08.09.2021 and would
submit that the committee has taken decisions in some of the cases to
implement those resolutions in right perspective. However during the
period of pandemic, all the pending proposals could not be decided.
4. A perusal of the said chart indicates that at least in case
of 314 cases, the committee has already decided to withdraw the
prosecution. The learned Government Pleader states that though
applications are filed before the Courts dealing with such pending
cases which are agreed to be withdrawn by the committee,
applications for withdrawal are not being heard.
5. The State Government is directed to file applications for
withdrawal of prosecution in those pending cases which are already
agreed to be withdrawn as recommended by the committee within
two weeks from today. If any such applications are filed for
withdrawal of prosecution before any criminal Court in the State of
Maharashtra, the Courts below are requested to give priority to such
applications for withdrawal of prosecution in those cases and to
dispose off those cases within two weeks from the date of filing of
such applications by the State Government.
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3. 911-PIL-8 OF 2020.odt
6. The cases in which the committee has taken a decision to
withdraw prosecution, however, no such applications are made by the
State Government is concerned, those applications shall be made
within two weeks from today. Upon service of such applications,
those applications shall be also decided by the Courts below on
priority basis. If any such pending application for withdrawal of
prosecution is pending before the Aurangabad Bench, list of such
pending applications shall be furnished to the Registrar (Judicial) of
this bench by the Government Pleader within two weeks from today.
The learned Registrar (Judicial) shall produce the list of such matters
before the Division Bench having assigned these matters in
consultation with the Division Bench and to place such matters on
board under the caption for directions for passing appropriate orders
when so directed.
7. The State Government shall file an affidavit in so far as
other cases pending for consideration before the committee is
concerned and shall expedite those cases and shall submit a report for
consideration of this Court on 15.06.2022. This Court will pass
further directions in respect of those cases after considering the
affidavit that would be filed by the State Government showing further
progress so as to implement the resolutions in question which are
pressed in service by the learned counsel of this Court appearing in
person. It is made clear that the process of implementing the
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4. 911-PIL-8 OF 2020.odt
resolutions shall not be stopped by the committee and shall take
prompt action in right perspective at the earliest during the pendency
of this petition.
8. Place the matter on board for admission on 20.06.2022.
(S.G. MEHARE. J.) (R.D. DHANUKA, J.)
Mujaheed//
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