Saibal Kuhmar Hazra v. Commissioner Of Police And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 831 OF 2022 UMESH SHRINIWAS MALANI Saibal Kuhmar Hazra

...Petitioner

Versus

UMESH SHRINIWAS MALANI Date: 2022.03.23 15:49:20 +0530 Commissioner of Police and Anr

...Respondents

***  Mr. Maroof Ahmad a/w Mr. Aman Mirza for the Petitioner.

 Mr. J.P. Yagnik, APP, for the Respondent - State. *** CORAM : PRASANNA B. VARALE & S. M. MODAK, JJ.

DATE : MARCH 22, 2022.

PER COURT :

1.

A very limited grievance is raised in the Petition.

2.

The submission is, the Petitioner who is resident of Mumbai and also having corporate office in Mumbai as well as other business office in Delhi, was subjected to various ill-acts including the threats at the instance of Respondent Nos. 4 to 8. It is submitted before this Court that feeling apprehended, the Petitioner had approached Station House Officer of Police Station, MIDC, Andheri by submitting a complaint

for getting protection and to take cognizance of certain offences allegedly committed by the Respondents.

3.

Now so far as this two fold grievance is concerned, we are of the opinion, that the Petitioner certainly avail efficacious remedies for redressal of his grievance.

4.

Firstly, in so far as the apprehension of the Petitioner with regard to the threats are concerned, the Petitioner can approach the competent Authority namely, Shri. Maheshwar Reddy, DCP, Zone 10 seeking protection. We permit the Petitioner to file appropriate application to competent authority with a prayer for providing protection within two weeks from today. In case, such application is received by the said competent Authority within stipulated period of two weeks from today, the competent Authority to consider that application on its own merit and pass appropriate orders on the said application within reasonable period.

5.

The second grievance of the Petitioner is that

in spite of approaching the Police Station Officer raising his grievance related to cognizable offence committed by certain offender and no heed is paid by Police Station Officer to Petitioner and the Petitioner is left remediless.

6.

Petitioner can certainly firstly approach Senior Police Officers and in case, Senior Police Officer fails to consider the grievance, the Petitioner is at liberty to file a private complaint before the Competent Court of jurisdiction.

7.

With these directions, the Petition is disposed of.

8.

All concerned to act upon an copy of this order which is duly authenticated by the Registry of this Court.

(S. M. MODAK, J.) (PRASANNA B. VARALE, J.)