Mahendra Waman Salve (Intervener) v. Pravin P. Wategaonkar And ORS

19­8­APPI­2­13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2 OF 2013 IN CRIMINAL PUBLIC INTEREST LITIGATION NO. 20 OF 2011 Shri Mahendra Waman Salve ...Applicant/ Intervener In the matter between Mr. Pravin P. Wategaonkar

...Petitioner

Versus

The Central Bureau of Investigation & Ors.

...Respondents

And Shri Ratnakar Y. Gaikawad & Anr.

...Proposed Respondents ­­­­­­­­­­ Mr. Ajit Ram Pitale, for the Applicant.

Ms. Kiran Bagalia, for Respondent No. 2.

Dr. F.R. Shaikh, APP for the State.

­­­­­­­­­­ CORAM :

A.S. OKA & A.A. SAYED, JJ.

DATE :

5th July 2016 P.C. :

1.

Heard learned Counsel appearing for the Applicant. The Applicant is presently working as the Superintending Engineer of Mumbai Metropolitan Region Development Authority (for short Sharayu.

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19­8­APPI­2­13.doc 'MMRDA'). Learned Counsel appearing for the Applicant pointed out that during pendency of this Application, the Applicant has retired. The prayer in this Application is for intervention and for a direction to implead two ex­officers of MMRDA as party Respondents. The contentions of the learned Counsel appearing for the Applicant is that he is in possession of certain material against the named officers which is not being considered by C.B.I.

2.

Firstly, we must note here that even according to the case of the Applicant, he has never approached the Investigating Agency requesting the agency to look into the material in his possession.

3.

Only because the Applicant claims that he is in possession of the certain documents which are according to him are relevant, he does not become either a necessary or a proper party of the main Public Interest Litigation. Hence, the Application is rejected. [A.A. SAYED, J.] [A.S. OKA, J.] Sharayu.

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