Dr. Vijay Chandraprakash Sharma vs Shri Sanjiv Dayal, Director ...
2017 Latest Caselaw 6175 Bom

Rane                           * 1/3 *    CP-335-2014 (sr.50)
                                         Wednesday, 16.8.2017


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                  CIVIL APPELLATE JURISDICTION

            CONTEMPT PETITION NO. 335 OF 2014
                            IN
          CRIMINAL WRIT PETITION NO. 1666 OF 2012



Dr. Vijay Chandraprakash Sharma                     ....Petitioner
      V/s.
Shri. Sanjiv Dayal,
Director General of Police,
Maharashtra State, Mumbai & Ors.                    ....Respondents


                                  *****

Mr. Uday P. Warunjikar, Advocate for the petitioner.

Mrs. A.A. Takalkar, AGP for the respondent, State.


                 CORAM :-         R.M. SAVANT &

                                  SANDEEP K. SHINDE, JJ.

                 DATE :-          16TH AUGUST,     2017.




P.C. :-

1. In the above contempt petition, an order came

to be passed on 15th October, 2015 by the Division Bench

of this Court (V.M. Kanade, J (as His Lordship then was)

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and Dr. Shalini Phansalkar-Joshi). Suffice it would be to

state that, in the said order, a finding has been recorded

by the Division Bench that, it was satisfied that the

direction given by this Court has been duly complied and

in any way, there is substantial compliance of the order

passed by this Court and therefore the Division Bench did

not deem it appropriate to exercise the contempt

jurisdiction.

2. The Division Bench, however, found that the

above contempt petition being filed against the top most

police officers of the State was on vexatious and frivolous

grounds and therefore imposed cost of Rs.5,00,000/- on

the petitioner. The petitioner, in view of the said direction

of imposition of costs, carried the matter to the Apex

Court. The Apex Court, by order dated 15 th January,

2016 passed in Special Leave Petition (Civil) No. 462 of

2016 attention to which is drawn by the Learned Counsel

Mr. Warunjikar, appearing on behalf of the petitioner has

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by order dated 15th January, 2016 has deleted the

direction in respect of payment of costs. The relevant

excerpt of the said order of the Apex Court reads thus :-

"Looking at the facts of the case, we direct that

the direction with regards to the payment of costs

be deleted."

Hence, though the office note indicates that costs has not

been paid by the petitioner, the said objection would now

no more survive in view of the order dated 15 th January,

2016 passed by the Apex Court deleting the said direction

as to payment of costs. Hence, it is now not necessary to

keep the above contempt petition pending and to

accordingly stand disposed of.

3. The photocopy of the order dated 15th January,

2015 of the Apex Court is placed on record.

(SANDEEP K. SHINDE, J) (R.M. SAVANT, J)