Mohan Nambiar And ORS. v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3243 OF 2004 IN CRIMINAL WRIT PETITION NO. 290 OF 2019 1.

Mohan Nambiar, Adult, Indian inhabitant, aged 40 years residing at 2/21, Chembur Vaibhav Sahkar Nagar No. 5, Chembur 2.

N. Janardanan Adult, Indian inhabitant, aged 33 years residing at 1/1, Chempazhanthi, P.L. Lokhande Marg, Chembur, Mumbai- 400 043.

3.

K.R. Subramniam 35, Shell Colony Chembur, 4.

N.K. Pratapan 13, Om, Mangal Moorti Co-operative Housing Society, 4th Road, Pestom Sagar, Chembur, Mumbai 400 089.

5.

Mr. Kuttikattu Kochamy Madhavan Adult, Indian inhabitant, aged 49 years residing at 12/136, Shell Colony, Chembur, Mumbai- 400 071.

6.

Mr. Vadakkedath Inttimakotha Bhaskaran, Adult, Indian inhabitant residing at 504-C Wing, Meena Towers Swastik Park, Chembur, 7.

Rajan Yohannan,

Adult, Indian inhabitant, aged 43 years residing at Flat No. 23, Annapurna Co-op. Hsg. Society, Jai Hind Colony, G-Gupta Road, Dombivli (West).

8.

Smt. Gopika Janardhanan Adult, Indian inhabitant, aged 27 years residing at 1/1, Chempazhanthi, P.L. Lokhande Marg, Chembur, Mumbai- 400 043.

9.

Smt. Shobha Madhavan Wife of Shri. K.K. Madhavan 12/136, Shell Colony, Chembur, Mumbai 400 071.

10.

Smt. Mallika Bhaskaran Adult, Indian inhabitant, aged 42 years residing at 504-C Wing, Meena Towers Swastik Park, Chembur Mumbai 400071.

11.

Mr. Karunakaran Nair, Adult, Indian inhabitant, aged 49 years residing at 8, Yojana Apartments Near Amar Theatre, Chembur Mumbai 400 071.

12.

Mr. Pradeep K. Nair Adult, Indian inhabitant, aged 22 years, residing at Yojana Apartments, Near Amarn Cinema, Chembur 13.

Smt. Ammini K. Nair Adult, Indian inhabitant, aged 42 years residing at 8, Yojana Apartments, Near Amar Theatre, Chembur 14.

Mr. K.R. Unnikrishnan Adult, Indian inhabitant, aged 43 years,

residing at 42, Pampa Co-op. Hsg.

Society, Plot No. 81, Sector-29 Vashi, Navi Mumbai.

15.

Mr. A. Kannan Nair Adult, Indian inhabitant, aged 40 years residing at B-15, Kanchan Shetal Cheeda Nagar, Chembur Mumbai- 400089.

16.

Mr. Shanmukhan Rajan Adult, Indian inhabitant, aged 40 years residing at Chaitali Co-op. Hsg. Society Flat No. 10, Sector-16, Vashi Navi Mumbai.

17.

Mr. Ravi Nair Adult, Indian inhabitant, aged 47 years residing at 7/8, Om Mangal Murti 4th Road, Pestom Sagar, Chembur Mumbai- 400 089.

18.

Mario Fortes 13, Kaveri, Chedda Nagar, Chembur 19.

Mr. Dholandas Gurumukhdas Hassani Adult, Indian inhabitant, aged 52 years residing at 802, Sainath Park Mulund (E) Opp. Neelam Nagar, Mumbai- 400 081.

20.

Ashit Mahabal Kukian aged: 37 years, Occu: Service residing at 14, Airoli, Cheeda Nagar, Chembur Mumbai 400089.

]...Applicants

Versus

The State of Maharashtra (Through Tilak Nagar Polilce Station) L.A.C. No. 1705 of 1999.

]...Respondent

APPEARANCESMr. E.A. Sasi, Advocate for Petitioners. Mr. A.R. Patil, APP for Respondent-State.

CORAM

:

S. S. SHINDE, J RESERVED ON :

12th JUNE 2019.

PRONOUNCED ON:

7th OCTOBER 2019

JUDGMENT

This application is filed with following substantive prayer:- (a) This Hon'ble Court be pleased to institute contempt proceedings against the Officer-in-charge, Tilak Nagar Police Station; for disregarding the orders of this Hon'ble Court dated 30.06.2003 and for his deliberate failure and neglect to take any action thereon; the concerned Investigating officers of MCR No. 1 of 1998 for their deliberate failure and neglect to comply with the orders and directions issued by this Hon'ble Court on 30.06.2003 and duly communicated to them; by issuing appropriate notice to the Respondent and they may be dealt with strictly in accordance with the law.

It appears that, this Court (Coram: J.A. Patil, J.) on 30th June 2003 while issuing Rule in Writ Petition No. 290 of 2003 also directed Respondent No. 2 to file affidavit of the concerned Investigating Officer of Tilak Nagar

Police Station to explain as to what progress has been made in connection with the investigation of C.R. No. 1 of 1998. It appears that, the Applicant being aggrieved by the non compliance of directions contained in the aforesaid order filed this application with a prayer to initiate contempt proceeding against the then officer-in-charge of Tilak Nagar Police Station. Since the subject matter of Writ Petition No. 290 of 2003 was in relation to the FIR filed against the Applicant and not about the aforesaid FIR registered by the Applicant against the complainant Prince Augustine. Therefore, prayer of the Applicant to initiate contempt proceeding against the said officer cannot be considered in the present proceeding. There is also gap of more than 15 years from passing of the said order and when the aforesaid application was heard by this Court on 12th June 2019. In that view of the matter, this Court is not inclined to entertain this application. Hence, application stands disposed of.

[S. S. SHINDE , J]