Surendra Investigation Services (Bombay) Pvt. Ltd., v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2811 OF 2015 Surendra Investigation Services (Bombay) Pvt. Ltd.

.. Petitioner v/s.

State of Maharashtra & Ors.

..Respondents Mr. I.K. Tripathi i/b C.K. Tripathi for the petitioner Mrs. M.H. Mhatre, APP for respondent State CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 30th JULY, 2015.

P.C.

1.

Heard.

2.

By order dated 1st July, 2015 passed by the respondent no.3 under Section 13(2) of the Private Security Agencies (Regulation) Act, 2005, the licence of the petitioner's establishment (pasara parvana) was suspended for the period of 6 months. The petitioner challenged this order by filing an appeal before the respondent no.2, which came to be disposed of on 14.07.2015. By

the said order, the appellate Authority directed the respondent no.3 to take decision about cancellation of the Pasara Parvana licence in respect of the petitioner's establishment within a period of one month. It was further observed that if such a decision is not taken within one month, the suspension of the Pasara Parvana licence in respect of the petitioner's establishment shall stand cancelled automatically.

3.

Section 13 (2) of the Private Security Agencies (Regulation) Act, 2005 speaks about cancellation and / or suspension of the license reads as under.

"13 (2) Where the controlling Authority, for reasons to be recorded in writing, is satisfied that pending the question of cancelling of licence on any of the grounds mentioned in subsection (1) above, it is necessary to do so, that controlling authority may, by order in writing, suspend the operation of the licence for such period not exceeding thirty days as may be specified in the order and require the licence holder to show cause within fifteen days from the date of issue of such order."

4.

Thus, the period of suspension of the licence, in any case, cannot exceed 30 days. Since the respondent no.3 passed an

order suspending the petitioner's licence on 01.07.2015, the period of 30 days is expired today i.e. on 30.07.2015. 4.

In the above circumstances, the petition has rendered infructuous and the same is accordingly dismissed. (ANUJA PRABHUDESSAI, J.) ( RANJIT MORE, J.)