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Bombay High CourtWP/2424/2019others disposed off

Sandeep Dattatraya Jadhav v. The State Of Maharashtra

2019-06-07Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice Ranjit More.2 pages

1/2 1 WP 2424-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2424 of 2019 Sandeep Datatraya Jadhav .. Petitioner

Versus

The State of Maharashtra .. Respondent ...

None for the petitioner.

Mrs.A.S. Pai, APP for the State.

CORAM: SHRI RANJIT MORE & SMT. BHARATI H.DANGRE, JJ.

DATED : 7th JUNE 2019 P.C:- The petitioner, an under-trial prisoner housed in Yerwada Central Prison has addressed a communication to this Court on the basis of which the present Writ Petition is registered. The communication addressed alleges that the prisoner was falsely implicated in Crime No.779 of 2017 for the offences punishable under Sections 395, 341, 35, 504, 506 of the IPC and under Section 3(i)(ii), 3(4) of MCOC Act. The allegation levelled in the complaint is that the police officers of Satara Police Station, District Satara allegedly made a demand of Rs.15 lakhs of bribe from the prisoner and since he refused to fulfill the said demand, an offence under the MCOC was invoked against him and he was falsely implicated in the said crime.

Tilak

2/2 1 WP 2424-19.odt We have perused the said complaint and the allegations therein. Mrs.Pai, learned APP invites our attention to the newly amended provisions under the Maharashtra Police Act and specifically the constitution of the Divisional Level Police Complaint Authority under Section 22-S. She also invites our attention to the powers of the said Committee which include the power to inquire into the allegations of corruption. In light of the fact that the said Committee is constituted and is empowered to inquire into the allegations of corruption against the police officers, the said authority would be competent to examine the grievance of the petitioner. In such circumstances, we direct that the petitioner be intimated about constituting of such a Committee and he may be further informed that he is at liberty to approach the Divisional Level Police Complaint Authority with a grievance as raised in his letter dated 6th February 2019.

The said order be communicated by Jail Superintendent, Yerwada Central Prison to the petitioner. With the aforesaid direction, Writ Petition is disposed of.

(SMT. BHARATI H. DANGRE, J.) (RANJIT MORE, J.) Tilak