Sunil Shah And ANR v. The Commissioner Of Police And ORS

(26) CRPILST 38-15.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL PIL ST. NO.38 OF 2015 Sunil Shah & anr.

...Petitioners

Vs.

The Commissioner of Police & Ors.

...Respondents

............

Mr. Chaitanya Pendse with Mr. Prashant Jadhav i/by Arpana Bhosale, for the Petitioners.

Mrs. P.P. Shinde, APP for Respondents-State.

............

CORAM : B.R.GAVAI & M.S. KARNIK, JJ.

DATED: 16TH AUGUST, 2017 P.C. :

The Petition has been filed by the petitioners for the following prayer clauses :

(a) That this Hon'ble Court be pleased to issue Writ of Mandamus or any other writ/order thereby directing the respondents to furnish the report as to how many cases are pending for trial against non-banking companies/institutes and after receiving the report be pleased to directed the concerned District Judges to transfer all such cases to MPID Court.

(b) And in the alternative this Hon'ble Court 1/2

(26) CRPILST 38-15.doc be pleased to direct that the trial of such cases be expedited.

(c) Any other further relief as this Hon'ble Court may deem fit and proper in the circumstances of the case.

2.

We find that in a PIL, without there being any cogent material on record to substantiate the allegations, an inquiry as prayed for in the Petition cannot be directed. We see no merit in the Petition.

3.

Needless to state that in the event the petitioner is in position to obtain the relevant data, the rejection of the Petition would not come in the way of the petitioner to file a fresh Petition.

(M.S. KARNIK, J.) ( B.R.GAVAI, J.) 2/2