However, Yusuf Bhure, the owner of Mughal Sarai hotel in a Bandra west suburb, withdrew his petition because a division bench pointed out that he had not specifically prayed for action against Dhobale.
Justice A R Joshi and Justice A M Khanwilkar observed that although the allegation of assault was stated in the body of the petition, in the prayer clause the petitioner had asked for action against an 'unknown' person for assaulting him.
The judges expressed their inclination to pass an order but the petitioner sought permission to withdraw the petition which was allowed.
The court, however, told the petitioner that he was free to file a private complaint with a magistrate if he wanted to.
The petitioner alleged that on December 5, 2011, Dhobale had come to his hotel and asked for papers and licence which was showed to him. However, Dhobale was not satisfied and he slapped him resulting in injuries in his ears. He was rushed to hospital and treated.
The petitioner further said that he had gone to Bandra police station to file a complaint but they refused to take action against Dhobale. He also wrote to the chief minister but got no response.Being aggrieved, he moved the high court. Dhobale is an officer in the Social Service Branch of Mumbai police and was recently in the news for his bold action in raiding hotels which flout laws.