Jivan Ganpat Gavad v. The State Of Maharashtra

(31) cp-36.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.36 OF 2017 IN CRIMINAL WRIT PETITION NO.906 OF 2014 Jivan Ganpat Gavad : Petitioner.

Versus

The State of Maharashtra and ors.

: Respondents.

Ms. Rupali L Dhivar for the Petitioner.

Smt. A A Takalkar, AGP for the Respondent/State. CORAM :

R. M. SAVANT & SANDEEP K. SHINDE, JJ.

DATE :

31st AUGUST 2017 P.C.

The contempt alleged is of the order dated 18/11/2014 passed by a Division Bench of this Court. By the said order the Police Authorities were directed to consider the application for police protection (police aid) and dispose of the same expeditiously within four weeks. Pursuant to the said order, the Assistant Police Inspector, Satpati Sagari Police Station, Palghar vide his letter dated 11/12/2014 had requisitioned certain information and documents from the Petitioner which have been listed in the said letter at Item Nos.1, 2 and 3. Thereafter a reminder had been sent to the Petitioner by the said officer on 15/12/2014. However, it seems that the said letter dated 11/12/2014 has not been complied with by the Petitioner. It is in the said circumstances that in the reminder it was mentioned that on account of the fact that the Petitioner has not provided the necessary information, there is a lgc

(31) cp-36.17 delay in submitting a report in respect of the Petitioner's request for being granted police protection (police aid).

In our view, on account of the factum of the letter having been addressed by the Assistant Inspector of Satpati Sagari Police Station, Palghar and the reminder thereafter, there is no willful breach and violation of the order dated 18/11/2014 passed by a Division Bench of this Court. It would have to be said that the Police Authorities have in fact acted pursuant to the said order dated 18/11/2014 by addressing the letters to the Petitioner. However, it is at the Petitioner's end that there is non-compliance. However, as and by way of indulgence we grant the Petitioner four weeks time to comply with the requisitions made in the said letter dated 11/12/2014 and if the Petitioner is not in a position to comply with any of the requisitions made therein, the Petitioner may mention the reason for the same in his letter. On receipt of the Petitioner's letter within the outer limit of four weeks from date, the Competent Authority would decide the Petitioner's application for police protection (police aid) in accordance with law. The above Contempt Petition to accordingly stand disposed of.

[SANDEEP K. SHINDE, J] [R.M.SAVANT, J] lgc