Atul Vasant Borikar v. The Provident Investment Company Limited And ORS.

(917) appw-245.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINA APPLICATION NO.245 OF 2018 IN CRIMINAL WRIT PETITION NO.1927 OF 2018 Atul Vasant Borikar : Applicant In the matter between Atul Vasant Borikar : Petitioner.

Versus

The Provident Investment Company Ltd.

and ors.

: Respondents.

Mr. Dipak Mane for the Applicant/Petitioner.

Mrs. A S Pai, Addl.PP for the Respondent/State. CORAM :

R. M. SAVANT & REVATI MOHITE DERE, JJ.

DATE :

18th JULY 2018 P.C.

The above Criminal Application has been filed seeking contempt action against the Senior Inspector of Police of Cuffe Parade Police Station, Mumbai. The said relief is sought on the basis that the order dated 07/06/2018 passed in the above Writ Petition No.1927 of 2018 has not been complied with.

The learned Additional Public Prosecutor Mrs. A S Pai draws our attention to the letter dated 18/06/2018 addressed by the Senior Inspector of Police, Cuffe Parade Police Station, Mumbai to the Petitioner Atul Borikar which has been accepted by one Manoj M Singh who has been authorized to lgc

(917) appw-245.18.doc accept the said letter by the Petitioner vide authorization letter dated 18/06/2018 issued by the Petitioner in his favour. It is mentioned in the said letter of police that the complaint of the Petitioner is civil in nature and that since the facts which are mentioned relate to the Government of Madhya Pradesh, it is for the Petitioner to take appropriate recourse. In the light of the said letter of the police which has been received by the person authorized by the Petitioner, the relief sought by the Applicant/Petitioner in the above Criminal Application cannot be acceded to. The above Criminal Application is accordingly rejected. It would be open for the Applicant/Petitioner to follow the course of action as suggested in the said letter of the police dated 18/06/2018. The letter of the police dated 18/06/2018 as well as the authorization letter of the Applicant/Petitioner dated 18/06/2018 are taken on record and marked as "X" and "Y" for identification.

[REVATI MOHITE DERE, J] [R.M.SAVANT, J] Laxmikant Gopal Chandan by Laxmikant Gopal Chandan Date:

2018.07.20 11:19:06 +0530 lgc