Prof (Mrs) Karuna Jain v. The State Of Maharashtra And ORS

Tilak 1/2 (906)ABA-1003-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1003 OF 2016 Prof (Mrs) Karuna Jain .. Applicant

Versus

The State of Maharashtra & Ors .. Respondents --- Mr.R.B. Mokashi i/b Mr.A.M.Nathani and Mr.P.C. Contractor, Advocate for the applicant.

Mr.H.J. Dedhia, APP for the Respondent State. --- CORAM : P.N. DESHMUKH, J.

DATED : 17th JUNE 2016 --- P.C. :

Matter was heard for some time in the morning, and for want of instructions, was kept back.

Learned APP has contended that though report is received against the applicant since the investigation has been transferred to some other Officer, he could not obtain necessary instructions.

Learned counsel for the applicant has submitted that complainant B.J. Nitnaware is an habitual complainant and prior to the present complaint, has filed similar complaints against two Officers of National Institute of Engineering, Powai where applicant is working as a Director.

Tilak 2/2 (906)ABA-1003-16 It is submitted that inspite of lodging complaint, no offence is registered. However, applicant apprehends arrest in a Crime if registered on the basis of complaint by Nitnaware. Learned counsel has also invited my attention to order of this Court wherein also report was filed by the same complainant, and no offence was registered while the applicants therein were protected. In that view of the matter, in the event of offfence being registered against the applicant on the basis of report lodged by B.J.N.Nitnaware, the Investigating Officer in case of arrest of applicant, shall issue 72 hours clear notice to the applicant in writing.

Application stands disposed off accordingly.

(P.N. DESHMUKH, J)