Sajid Aarif Momin v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3655 OF 2021 M. Khalid (Guddu) Mukhtar Ahmed Shaikh
...Petitioner
vs.
The State of Maharashtra and Ors.
...Respondents
ALONGWITH WRIT PETITION (ST) NO. 1980 OF 2022 Sajid Aarif Momin
...Petitioner
vs.
The State of Maharashtra and Anr.
...Respondents
***** Mr. Pandit Kasar - Advocate for the Petitioner Ms. S. D. Shinde - APP for the Respondent-State ***** CORAM :
PRASANNA B. VARALE & S. M. MODAK, JJ.
DATE :
25th APRIL, 2022 P. C. :- .
Not on board. Taken on board.
2.
The grievance raised in both the Petitions is nearly identical. It is submitted before this Court that the Petitioners are active in their Social and Political life and they have contested certain elections also. 3.
It is then submitted that the opponents of the Petitioners have filed certain complaints against them and it is the bonafide impression of the Petitioners that certain Police Official failed to perform their duties in 1/3
accordance with the provisions of law. On such grievance, the Petitioners have approached the Grievance Redressal Forum specially formulated under the provisions of Maharashtra Police Act namely, Section 22P, Section 22Q and Section 22S.
4.
It is submitted that such complaints/representations were submitted to the forum on 03rd June 2021, 11th June 2021 and 18th June 2021 in Writ Petition No. 3655 of 2021 and 16th December 2021 and 29th December 2021 in Writ Petition (ST) No. 1980 of 2022 and in spite of lack of considerable time, the representations are neither considered nor any Order is passed on the representations. This being the limited grievance raised in the Petitions.
5.
In our opinion, the Petitions itself can be disposed of by issuing direction to the Principal Secretary, Home Department, Government of Maharashtra, the Director General of Police, Maharashtra State, the Commissioner of Police, Thane City, the Upa-Lokayukta, Maharashtra State, the Chairman, State Minority Commission, Maharashtra and the Grievance Redressal Forum in both the Writ Petitions to decide the representations submitted by the Petitioner on 03rd June 2021, 11th June 2021 and 18th June 2021 in Writ Petition No. 3655 of 2021 and 16th December 2021 and 29th December 2021 in Writ Petition (ST) No. 1980 of 2022.
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6.
Needless to state on merits of these representations as expeditiously as possible and not later than 10 weeks from the date of receipt of Order of this Court.
7.
On these observations and directions Petitions are disposed of. 8.
If the relevant Rule provides the personal hearing of the parties, the Authority on receipt of any application to that effect being made before the Authority to consider the application and if Rules permits may afford the opportunity of hearing to the parties. Needless to state that if there is no specific provision in the Rule so as to grant the opportunity of personal hearing, the Authority can certainly reject that application. 9.
Parties to act upon an authenticated copy of this Order issued by the Registry of this Court.
RAJESH VASANT CHITTEWAN Date: 2022.06.09 14:53:11 +0530 RAJESH VASANT CHITTEWAN (S. M. MODAK, J.) (PRASANNA B. VARALE, J.) 3/3