Sanjay Kashinath Bhosale And Ors vs State Of Maharashtra
2022 Latest Caselaw 13191 Bom

          Digitally                                                      36-4622-2022-WP=.doc
          signed by
          UDAY
UDAY      SHIVAJI
SHIVAJI   JAGTAP       Uday S. Jagtap
          Date:
JAGTAP    2022.12.22
          10:45:28
          +0530
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                  CRIMINAL WRIT PETITION NO. 4622 OF 2022

                       Sanjay Kashinath Bhosale & Ors.                  .. Petitioners

                            Vs.
                       The State of Maharashtra & Anr.                  .. Respondents

                                                        .....
                       Mr. Satyavrat Joshi i/b Mr. Shubham Mhatre for the petitioners
                       Mr. S.S. Hulke, APP for the respondent - State
                                                       .....

                                               CORAM : REVATI MOHITE DERE &
                                                       PRITHVIRAJ K. CHAVAN, JJ.

DATED : 19th DECEMBER, 2022.

P.C.

1. Heard learned Counsel for the petitioners.

2. By this petition, the petitioners seek quashing of the impugned

order dated 30.11.2022 passed by the learned District Judge-7 and

ASJ, Pune in Criminal Miscellaneous Application. No.201 of 2022,

directing investigation under Section 156(3) of the Code of Criminal

Procedure.

3. Learned Counsel for the petitioners submits that in view of the

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clear bar of the proviso to Section 156(3) of the Cr.P.C., the learned

Judge could not have passed the impugned order. He submits that

admittedly, without obtaining sanction, the respondent no.2 has

lodged a complaint i.e. Criminal Miscellaneous Application No. 201

of 2022 as against the petitioner. He submits +that the petitioner

no.1 was working as a Stenographer in the Police Department at the

relevant time and is protected by Section 19(1)(b)&(c) of the

Prevention of Corruption Act.

4. Learned Counsel for the petitioners relied on the judgment of

the Apex Court in the case of Anil Kumar & Ors. Vs. M.K. Aiyappa

& Anr. 2013 All SCR 3464.

5. Issue notice to the respondents, returnable on 2nd February,

2023.

6. Learned APP waives notice on behalf of the respondent no.1 -

State.

7. In addition to Court notice, petitioners to serve the respondent

no.2 by private notice and file an affidavit of service before the

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returnable date.

8. Learned Counsel for the petitioners to supply spare copy in the

Registry, if not supplied, within two weeks from today, so as to

enable the Registry to issue notice to the respondent no.2, failing

which, petition to stand dismissed for non-prosecution, without

further reference to the Court.

9. Having heard learned Counsel for the petitioners, in the

meantime, till the next date, the impugned order passed by the

learned District Judge, dated 30.11.2022 is stayed.

10. Learned APP to communicate the order to the Anti

Corruption Bureau, forthwith.

[PRITHVIRAJ K. CHAVAN, J.] [REVATI MOHITE DERE, J. ]

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