Yogesh S/O. Jagdish Goenka v. The State Of Maharashtra And ANR

Nisha Sandeep Chitnis by Nisha Sandeep Chitnis Date: 2018.07.18 06:25:06 +0530 1/2 12-wp.224.2018.doc nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.224 OF 2018 Yogesh S/o. Jagdish Goenka

...Petitioner

Versus

The State of Maharashtra and Anr.

...Respondents

Mr.A.M.Saraogi, for the Petitioner.

Mr.F.R.Shaikh, A.P.P for the Respondent-State. CORAM : R. M. SAVANT & REVATI MOHITE DERE, JJ.

DATE : 11th JULY, 2018 P.C. :

1.

The writ jurisdiction of this Court is invoked for seeking the following reliefs:- a) that this Hon'ble Court be pleased to issue appropriate writ, order and direction directing the Respondents to forthwith preserve and protect the CC TV footage of Sahar International Airport and more particularly, the portion in front of Gate No.1 and 2 between 8 p.m. to 9 p.m. and also the CC TV footage of Sahar Police Station between 9 p.m. to 1.30 a.m. and submit the same in a sealed cover with this Hon'ble Court for perusal of this Hon'ble Court.

2/2 12-wp.224.2018.doc b) that subject to viewing the said CC TV footage, this Hon'ble Court be pleased to direct the Respondent No.1 to take immediate action against the concerned officer for the abuse of powers vested with her on such terms as this Hon'ble Court may deem fit and proper." 2.

The learned APP has produced for our perusal the report of the Deputy Commissioner of Police, Zone - 8, in which report the Deputy Commissioner of Police, Zone - 8 has reached a conclusion that the grievance of the Petitioner is mis-founded. The Deputy Commissioner of Police, Zone - 8, reached the said conclusion on the basis of the material which was placed before him, which inter alia included the statement of the police officer who was on duty at the relevant time and date i.e. Ms.Jayshree Laxman Sangale. The Petitioner has been fined by taking recourse to Section 110 of the Maharashtra Police Act on account of his alleged dis-orderly behaviour whilst being in the Police Station. Hence, the relief sought by way of the above Petition cannot be acceded to. 3.

The Writ Petition is accordingly dismissed.

(REVATI MOHITE DERE, J.) (R. M. SAVANT, J.)