Charanjit Singh Harchandshingh Gill vs The State Of Maharashtra And Anr
2023 Latest Caselaw 12978 Bom

Bombay High Court

Charanjit Singh Harchandshingh Gill vs The State Of Maharashtra And Anr on 18 December, 2023

Author: A.S. Gadkari

Bench: A.S. Gadkari

   2023:BHC-AS:39879-DB

                   Ganesh
                                                                                     220-WP-3787-2013.doc
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                          CRIMINAL APPELLATE JURISDICTION

                                     CRIMINAL WRIT PETITION NO. 3787 OF 2013

                   Charanjitsingh Harchandsingh Gill
                   Aged 40 years,
                   Of Bombay Adult Indian Inhabitant,
                   Residing at 403, Building No. 50,
                   Seawood, Nerul, Navi Mumabi.                                  ...Petitioner

                            V/s.

                   1.    The State of Maharashtra, through
                   Commissioner of Police, City of Mumbai
                   To be served through Public Prosecutor,
                   High Court, Mumbai

                   2.     Mr. Radheshyam S/o. Kaluram Sharma
                   API, originally attached to Bangur Nagar
                   Police Station, to be served through
                   C/o. Commissioner of Police, City of Mumbai,
                   Crawford Market, Mumbai                                       ...Respondents

                   Mr. Ashok M. Saraogi, for the Petitioner.
                   Ms. Mahalakshmi Ganpathy, A.P.P. for the Respondent No.1-State.

                                                       CORAM : A. S. GADKARI AND
GANESH
                                                               SHYAM C. CHANDAK, JJ.

SUBHASH LOKHANDE DATE : 18th DECEMBER, 2023.

Date: 2024.01.08 JUDGMENT (Per : A.S. Gadkari, J.)

1) By the present Petition the Petitioner has prayed that, necessary

directions may be issued to Respondent No.1 to conduct enquiry and

investigation in respect of the allegations made by him against the

Respondent No.2 and to intimate the Petitioner about the enhanced

Ganesh 220-WP-3787-2013.doc punishment awarded to Respondent No.2.

1.1) Record indicates that, by an Order dated 27th November, 2018

Rule was issued in the Petition.

2) The Respondent No.2 has filed an Affidavit dated 21 st July,

2014 and in paragraph No.4 thereof, he has stated that, the Petitioner had

earlier filed Criminal Writ Petition No. 1886 of 2011 in this Court. The

allegations made in the said Petition and the present Petition are same.

That, in Writ Petition No. 1886 of 2011 the Assistant Commissioner of

Police, Malvani Division had conducted inquiry against Respondent No.2

and had submitted a report to this Court. That, thereafter the Additional

Commissioner of Police, Mumbai had inflicted punishment on Respondent

No.2, of fine of Rs.500/-.

3) As the Respondent No.2 has already been punished by the

higher Police Authorities in the Police Department, under the provisions of

Bombay Police (Punishments and Appeals) Rules, 1956, the present Petition

for same and/or similar reliefs does not survive and is accordingly disposed

off.

4)               Rule is discharged.



(SHYAM C. CHANDAK, J.)                              (A. S. GADKARI, J.)