Bombay High Court
Shri Keshavrao S/O. Tulshiram ... vs Commissioner Of Police, Nagpur ... on 4 May, 2022
Bench: V.M. Deshpande, Amit B. Borkar
1 Cr.WP.1212.18
IN THE HIGH COURT OF-JJUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 1212 OF 2018
1. (Shri Keshavrao s/o. Tulshiram Bangadkar,
Aged 82 years,
Occupation - Retired,
R/o. Plot No.1460, Nandanwan Lay-out - Dead.
Nagpur.)
1-A1 Sushila wd/o Keshavrao Bangadkar,
Aged 75 years, Occ.-Household,
R/o. 1460, Nandanvan Layout, Nagpur.
2. Smt. Vijaya Ramesh Pishe,
Aged 58 years, Occ.- Retired,
R/o. Ashirwad Nagar, Nagpur.
3. Smt. Rekha Vasant Shendware,
Aged 56 years, Occ.- Retired,
R/o. Nandanvan Layout, Nagpur.
4. Adv. Anil Keshavrao Bangadkar,
Aged 53 years, Occ.- Advocate,
R/o.305, Rahul Complex-2, Ganeshpeth,
Nagpur-18.
5. Smt. Sunita Kailash Daf,
Aged 51 years, Occ.-Teacher,
R/o. Dhangawali Nagar, Hudkeshwar,
Nagpur.
6. Piyush Keshavrao Bangadkar,
Aged 48 years, Occ.- Private,
R/o.1460, Nandanvan Layout, Nagpur. ....PETITIONERS
---- VERSUS ----
1. Commissioner of Police,
Nagpur, Civil Lines, Nagpur.
2. Deputy Commissioner of Police,
Zone-4, Ajni Nagpur.
2 Cr.WP.1212.18
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3. Police Station Nandanvan through its
Police Inspector, Nandanwan, Nagpur.
4. Vikas s/o. Manohar Jaiswal,
Aged 28 years, Occ.- Private,
R/o. House No.1983, Chandrikapure,
Lay-out, Godhani Railway,
Nagpur - 440034.
5. Mahesh s/o. Mansaram Chandrawel,
Aged 42 years, Occ.- Private,
R/o. Plot No.31, Behind W.C.L. Office,
Snehadeep Colony, Jaripatka,
Nagpur - 440014.
6. Smt. Pushpabai Wd/o. Mahadeo Vairagade,
Aged 69 years, Occ. - Household.
7. Prashant S/o. Mahadeo Vairagade,
Aged 45 years, Occ.- Private.
8. Yogesh s/o. Mahadeo Vairagade,
Aged 42 years, Occ. - Private,
Respondent No.6 to 8 R/o. Ward No.1,
Upase Layout, New Bhanegaon,
Khaparkheda, Tah. - Saoner,
District - Nagpur - 441102.
9. Sou. Vaishali w/o. Raghunath Ragit,
Aged 44 years. Occ. - Household,
R/o. House No.42, Near Ram Mandir,
Sitanagar, Somalwada, Khamla,
Wardha Road, Nagpur - 440025. ... RESPONDENTS
_________________________________________________________________________________________________________________________________
Mr. S. P. Bhandarkar, Advocate for the Petitioners.
Mr. S. S. Doifode, A.P.P. for the Respondents/State.
Mr. A. S. Mardikar, Sr. Advocate a/w. Mr. A. A. Mardikar. Advocate for the
Respondent Nos.6 to 9.
_________________________________________________________________________________________________________________________________
CORAM : V. M. DESHPANDE AND
AMIT BORKAR, JJ.
DATE : 04.05.2022.
3 Cr.WP.1212.18
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ORAL JUDGMENT : [PER: AMIT BORKAR, J.]
1. Heard.
2. Rule.
3. By this Writ Petition under article 226 and 227 of the
Constitution of India, the petitioners are seeking relief against the
respondent Nos.1 to 3 to register a First Information Report against
the respondent Nos.4 to 9 on the basis of complaint dated
18.12.2018.
4. It is the case of the petitioners that the petitioner who
was 82 years old had lodged a complaint with the respondent Nos.1
to 3 on 18.12.2018 alleging that the respondent Nos.4 and 5 along
with another person tried to enter into his premises and assaulted
the petitioner. It is alleged that they assaulted son and daughter-in-
law of the petitioner injuring them. It is alleged that he had earlier
lodged the complaint dated 03.12.2018 with police, which was
replied stating that the petitioner should approach the Court for
redressal of his grievance. Since there is a failure on the part of
respondent Nos.1 to 3 to perform legal duty cast on them under the
provisions of the Code of Criminal Procedure, the petitioner is
seeking writ of mandamus for enforcement of his legal rights.
4 Cr.WP.1212.18
5. -J
This Court on 22.12.2018 issued notice for final
disposal and also granted liberty to the petitioner to seek police
protection.
6. The respondent No.1 in pursuance of the said notice
has filed reply stating that the dispute between the petitioner and
the respondent Nos.4 to 9 is essentially a civil dispute; enquiry
under Section 145 of the Code of Criminal Procedure is initiated;
request of the petitioner for grant of police protection has been
rejected; and issue involved in the petition is pending before the
competent Authority under Section 145 of the Code of Criminal
Procedure. Hence petition has no merit.
7. The respondent Nos.4 and 5 have also filed their reply
stating that the dispute which is subject matter of petition is civil
dispute and therefore, the Investigating Agency was justified in not
registering the offence against them.
8. The respondent Nos.6 to 9 have also filed their reply
and stated that since they are co-owners, there can not be any
action against them.
9. This Court had issued notice for final disposal. Today,
the learned Advocate for the respondent Nos.4 and 5 is absent.
5 Cr.WP.1212.18
Since This Court has issued notice-Jfor final disposal, we are deciding
present petition finally.
10. We have carefully considered the averment in the
petition and complaint which was lodged by the petitioner with
respondent Nos.1 to 3 and the replies filed by the respondent Nos.6
to 9. On perusal of the complaint we are satisfied that the
allegation in the complaint prima facie discloses cognizable offences
under the provisions of the Indian Penal Code. It prima facie
appears at this stage that respondent Nos.4 and 5 have no title or
interest in the property which is subject matter of petition, except
power of attorney executed by respondent Nos.6 to 9. Prima facie
respondent Nos.4 and 5 have no authority entered into premises
owned by the petitioner without following due process of law.
11. Mr. Bhandarkar, learned Advocate appearing for the
petitioner states that he has instructions to delete the names of the
respondent Nos.6 to 9. As allegations in the First Information
Report discloses prima facie cognizable offence under the provisions
of the Indian Penal Code against the respondent Nos.4 and 5, we
are satisfied that the respondent Nos.1 to 3 needs to be directed to
register offence against the respondent Nos.4 and 5.
12. We therefore pass following order :
6 Cr.WP.1212.18
i] The respondent -J
Nos.1 to 3 are directed to register
the offences under the provisions of Indian Penal
Code on the basis of complaint filed by the
petitioner dated 18.12.2018.
ii] Insofar as the respondent Nos.6 to 9 are concerned,
the petitioners shall carry out the amendment to
delete the respondent Nos.6 to 9.
13. Rule is made absolute in above terms. Pending
application(s), if any, stand(s) disposed of.
JUDGE JUDGE
RGurnule
Digitally signed byRANJANA
MANOJ MANDADE
Signing Date:05.05.2022
14:51
