Surekha Harish Das v. Sanjay Hariprasad Kanoji And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1715 OF 2023 Adv. Surekha Harish Das ..Petitioner

Versus

Adv. Dr. Sanjay Hariprasad Kanoji & Ors.

..Respondents Ms. Subhada Khot, for the Petitioner.

Ms. Surekha Das - Petitioner in person - present. Ms. M. H. Mhatre, APP for the Respondent/State. Dr. Sanjay Kanoji - Respondent No.1 in person - present. CORAM : NITIN W. SAMBRE & R. N. LADDHA, JJ.

DATE : 23rd JUNE, 2023 P.C.

1.

Leave to amend so as to delete the names of respondent Nos.2 to 5.

2.

Amendment to be carried out forthwith.

3.

Petitioner and respondent No.1 are lawyers by profession. The respondent No.1, a former Judicial Officer and having putting into almost more than two decades of practice took out proceedings alleging to be under Rules 12(a) and 12(b) of the Contempt of Courts (Bombay High Court) Rules, 1994 against the respondents/litigants and their lawyers.

4.

The said proceedings were numbered as Criminal M.A. No.12 of 2022 arising out of S.C.C. No.1670 of 2020. 5.

The petitioner, a lawyer and respondent has sought quashing of the same on the various grounds.

6.

We have already permitted the petitioner to delete the names of respondent Nos.2 to 5 from the array of respondents and amendment to that effect is carried out.

7.

It appears that the respondent No.1, a lawyer has objected to the very conduct of the petitioner in judicial proceedings. The petitioner, a new incumbent in the profession has claimed that she had no intention to alter any evidence or tamper with any court proceedings. According to her, unknowingly if any bonafide mistake has occurred on her part, she is willing to tender an apology. The petitioner who is physically present in the Court and represented through Ms. Subhada Khot has tendered an unconditional apology. The respondent No.1 has graciously consented for acceptance of the said apology and has submitted that he is not pressing the very proceedings being Criminal M. A. No.12 of 2022 which were initiated by him. As such, having accepted the said apology and also consequential statement made by the respondent No.1, a lawyer, we deem it appropriate to dispose of the Criminal M. A. No.12 of 2022 initiated by the respondent No.1. We direct the concerned Court to pass consequential order.

8.

The joint statement made by both i.e. petitioner and respondent No.1 that they have unconditionally withdrawn all the allegations/attributions made to each other is also accepted. Both the lawyers i.e. petitioner and respondent No.1 have made aforesaid statement so as to maintain dignity of the profession and to have cordial relation. The said statement jointly made is accepted. 9.

In view of above, nothing survives in the petition. The petition as such stands disposed of in above terms. [R. N. LADDHA, J.] [NITIN W. SAMBRE, J.]