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Bombay High CourtWP/2014/2015others disposed off

Charanjeet Chanderpal v. Kranti Patil Investigation Officer

2015-07-07Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice S.C. Dharmadhikari3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2014 OF 2015 Charanjeet Chanderpal .. Petitioner vs Kranti Patil, Investigating Officer M.R.A. Marg Police Station & ors .. Respondents Mr.Charanjeet Chanderpal Petitioner-in-person Mr.Ajay Patil Additional Public Prosecutor for State CORAM : S. C. DHARMADHIKARI & G. S. KULKARNI, JJ.

DATED : 7TH JULY,, 2015 P.C. :

When this Writ Petition was placed for admission today and we heard Mr.Charanjeet Chanderpal Petitioner in person at some length, we were informed by Mr.Ajay Patil learned Additional Public Prosecutor that the investigation has been completed by the M.R.A.Marg Police station in F.I.R.No.147 of 2015 and a report has been filed in the competent criminal Court. The report is filed on 26th June, 2015. We keep a copy of this report duly authenticated by Mr.Patil on record and marked 'X' for identification.

2.

In the light of the report and when it specifically states that the complaint against the present Petitioner is false and the complainant has knowingly given a false report are remarks therein;

then, nothing further needs to be done in the Writ Petition. 3.

As and when the report is under consideration before the competent criminal Court, all parties would have to be heard and at that stage the Petitioner-in-person can raise appropriate contentions. 4.

In the event the Petitioner is agitated and aggrieved by the repeated acts and of the concerned persons, nothing prevents him from taking assistance of the competent Courts and praying for such reliefs including award of compensation/damages for any malicious prosecution stated to have been launched against him. We keep open all such options of the Petitioner and contentions of the parties therein. 5.

Needless to clarify that this Court cannot create by its order a forum for the Petitioner to ventilate all his grievances and equally by a judicial fiat cannot award and grant reliefs for which the statute has created a forum and empowered to pass requisite and necessary orders in accordance with law. That the Petitioner is repeatedly dragged to police stations is his grievance. We have no doubt that if details of such prosecutions and the outcome thereof are placed before that competent Court, it would definitely award damages and which can be punitive in nature as well.

Writ petition is accordingly disposed of.

G.S.KULKARNI, J S.C.DHARMADHIKARI, J