Miss Asha Shamandas Bajaj v. Meeran Chadha Borwankar And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3026 OF 2015 Ms. Asha Shamandas Bajaj .... Petitioner V/s.

Mrs. Meeran Chadha Borwankar and other .... Respondents Ms. Asha S. Bajaj -petitioner in person.

Mrs. G. P. Mulekar, APP for the Respondent State. CORAM : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 22nd NOVEMBER, 2016.

P.C. :

1.

Heard the petitioner in person and Mrs. G.P. Mulekar, learned APP appearing on behalf of State.

2.

The petition is filed for following reliefs:- ai) Not to interfere in the petitioner's personal life by sending any police to her house, not to speak unnecessarily about the mental condition and status of her health, neither with anyone else, and do not torture her in the future also and if no officer is listening to her than respondent No.1 will see my cases and allow me to meet her for that purpose in her office and house also as sometimes it becomes very important and urgent for me to meet her.

b) This Hon'ble Court may be pleased to direct the Respondent No.2 to 1/3

pay Rs.10 crores for its failure of duty to protect the petitioner and take appropriate action in respect of the complaints lodged by the petitioner against the respondent as expeditious as possible and as given in the order of Hon'ble Supreme Court.

c) This Hon'ble Court may please to direct the Respondent Nos. 1 and 2 to not to take any case in Pune courts related to Miss. Asha Shamandas Bajaj and grant full protection to her and her family from respondent No.1 and put all restrictions to the respondent No.1, her family, friends her relatives to not to send her any mental asylum if married with her son Mr. Nikhil Borwankar though the petitioner is not interested in her son but this is a future precaution.

3.

So far as relief claimed in prayer clause (a-i) is concerned, learned APP makes a statement that respondent No.1 is at present posted at Delhi on deputation. She has no authority to entertain the complaint made by the petitioner. In view of statement, we are not inclined to grant such blanket relief.

4.

So far as relief claimed in prayer clause (b) is concerned, such relief cannot be granted in writ jurisdiction under Article 226 of the Constitution of India.

5.

So far as relief claimed in prayer clause (c) about protection is concerned, petitioner is at liberty to approach Protection Branch of Bombay Police and in the event such application is filed, the Protection Branch shall decide petitioner's prayer in accordance with law. 2/3

6.

Subject to above, the petition is disposed of. [DR. SHALINI PHANSALKAR JOSHI, J.] [RANJIT MORE,J.] 3/3