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State Of Maharashtra & Ors vs Sangharaj Damodar Rupawate & Ors on 9 July, 2010
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Supreme Court of India State Of Maharashtra & Ors vs Sangharaj Damodar Rupawate & Ors on 9 July, 2010 Author: D Jain Bench: D.K. Jain, H.L. Dattu REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2010 [Arising out of S.L.P.(C) No. 8931 of 2007] State of Maharashtra & Ors. -- Appellants VERSUS Sangharaj Damodar Rupawate & Ors. -- Respondents JUDGMENT D.K. JAIN, J.: Leave granted. 2.This appeal, by special leave, filed by the State of Maharashtra and its functionaries, arises out of the judgment dated 26th April, 2007 delivered by the High Court of Judicature at Bombay in Writ Petition No.1721 of 2004. By the impugned judgment, passed in an application under Section 96 of the Code of Criminal Procedure,1973 (for short "the Code") read with Article 226 of the Constitution of India, the High Court has set aside and quashed notification dated 20th December, 2006, issued in the name of Governor of Maharashtra in exercise of the powers conferred by sub- section (1) of Section 95 of the Code, directing forfeiture of every copy of the book captioned as "Shivaji - Hindu King in Islamic India" written