Mahatappa Basappa Chenigund v. The State Of Maharashtra And ORS

1 APPI.12/2017-CRPILST.28/2015(924) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 12 OF 2017 IN CRI. PUBLIC INTEREST LITIGATION (ST) NO. 28 OF 2015 Mahatappa Basappa Chenigunde ...Applicant/Intervener Proposed Respondent In the matter between:

Sangeeta Dnyaneshwar Patil & Anr.

...Petitioners

Vs.

The State of Maharashtra & Ors.

...Respondents

Mr. Yashodeep Deshmukh i/b. Mr. Rajesh Togrikar, Advocate for the Applicant in APPI No. 12/2017 Mr. Rupesh A. Zade, Advocate for the Petitioner in Cr.PILNo.28/2015 Mrs. P.P. Shinde, APP for Respondent State in APPI & Cr.PIL CORAM : B.R.GAVAI & M.S. KARNIK, JJ.

DATED: 8TH SEPTEMBER, 2017 P.C.:

1.

This is an application filed by one of the Officers who was allegedly involved in the scam which was the subject matter of Criminal Public Interest Litigation No. 28 of 2015. It is the contention of the Applicant that the action was initiated only on the basis of the observations made by this Court in its order

2 APPI.12/2017-CRPILST.28/2015(924) passed in the Public Interest Litigation No. 28 of 2015. 2.

By an order dated 8th September, 2017 we have disposed of the Public Interest Litigation. The Applicant, if he finds that there is no substance in the criminal as well as departmental enquiry initiated against him is always at liberty to take such steps as prescribed in law. We, therefore, reject the application. 3.

However we observe that in the event the Applicant takes any steps for challenging the criminal as well as departmental proceedings, the Authority before whom such proceedings are taken would not be influenced by the observations made by this Court.

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