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Bombay High CourtCP/57/2019

Shri Prakash C. Sheth v. Shri Sandip Karnik, Dy. Commissioner Of Police, Zone-2 And ORS.

2019-04-05Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice R. I. Chagla3 pages

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 57 OF 2019 Shri Prakash C. Sheth

...Petitioner

Versus

Shri Sandip Karnik & Ors.

...Respondents

---------- Mr. Balasaheb R. Deshmukh, for the Petitioner. Mr. S.L. Babar, AGP, for the Respondents No. 1 to 4. ---------- CORAM :

A.A. SAYED & R.I. CHAGLA, JJ.

DATE : 5 April 2019 ORDER :

1.

The reliefs claimed in the Petition read as follows:- "a) Be pleased to punish the Respondents herein for 1 / 3

willful default to comply with the mandatory directions given by Hon'ble Supreme Court of India dt 12.11.2013 in its Constitution Bench judgement in the case of Lalita Kumari reported in 2014 in 2 (SAC-1) and the directions given by this Hon'ble Court in Various Reported Judgments as per the provisions of the Contempt of Courts Act.

b) Be pleased to direct the DGP, Maharashtra State and/or the Commissioner of Police, Mumbai to take strict action and/or to initiate Departmental Enquiry against the present Respondents for committing willful default in complying with the specific directions given by Hon'ble Supreme Court of India in its reported judgment in Lalita Kumari's case, and the directions given by this Hon'ble Court in Various Reported Judgments, and for the willful default of the directions issued by the DGP in his Notification dated 17.2.2012, for the reasons and circumstances mentioned herein above."

2.

Inasmuch as the Petitioner had already filed a 2 / 3

private complaint on 19th May 2016 which came to be allowed, we are not inclined to entertain the Contempt Petition which is belatedly filed in November 2017.

3.

Leaving the remedies of the Petitioner open, we dismiss the Contempt Petition.

[R.I. CHAGLA, J.] [A.A. SAYED, J.] 3 / 3