Sumit Chandrakant Yerunkar v. The State Of Maharashtra

Osk 55-Wp-4039-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4039 OF 2019 Sumit Chandrakant Yerunkar ... Petitioner V/s.

The State of Maharashtra ... Respondent None for Petitioner.

Mr.Ajay Patil, A.P.P. for Respondent-State.

CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 9th December 2022.

P.C. :

1.

By the present Petition, Petitioner has made a grievance against Mr.Rajendra Tondge, who was Jailor at Taloja Central Prison, Mumbai at the time of filing of the present Petition. It is alleged by the Petitioner that, the concerned Officer used to demand bribe for taking the Petitioner to hospital and also for production before the Trial Court. 2.

In pursuance of our Order dated 7th October 2022, Mr.Dattatray Gawade, Incharge Additional Superintendent, Taloja Central Prison has filed a detailed affidavit. It is stated therein that, the Petitioner is in habit of filing such complaint against jail staff. That the Petitioner had also filed a complaint with similar allegations with the Maharashtra State Human Rights 1/2

Osk 55-Wp-4039-2019.odt Commission. That the said Commission by its Order dated 7th October 2020 was pleased to close the said complaint and disposed it off. 3.

It appears to us that, the grievance made by the Petitioner in the present Petition and the complaint made to Maharashtra State Human Rights Commission is similar in nature.

4.

As per the affidavit of Incharge Additional Superintendent, Taloja Central Prison, the Petitioner is being regularly produced before the Trial Court for hearing. That the Petitioner was also referred to Sir J.J. Group of Hospitals, Mumbai for his medical treatment at least on five occasions. 5.

It appears to us that, the Petition is filed with malafide intention. In view thereof, we find that, there are no merits in the Petition. Petition is accordingly dismissed.

[ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.12.13 15:38:33 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2