Shahaji Dharmaji Kadam v. The State Of Maharashtra And ORS

10-wp-4753-2021.doc Ghuge

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4753 OF 2021 Shahaji Dharmaji Kadam

...Petitioner

V/s.

State of Maharashtra & Others.

...Respondents

Mr. Nitin R. Deshpande for the petitioner.

Mr. G.P. Mulekar, APP for the State.

CORAM

: AMIT BORKAR, J.

DATED : OCTOBER 12, 2022 P.C.:

1.

The petitioner is challenging order dated 24th October, 2018 passed by Maharashtra State Human Rights Commission in MAS/Case No. 2643/2015. According to the petitioner, the impugned order has been passed without giving opportunity of hearing to the petitioner.

2.

The operative part of the order read as thus :- "Therefore, Ld. Collector, Solapur is directed is consider lodging of report against the erring officer with SP, Solapur, for initiating prosecution under the appropriate Penal Sections and also consider steps for playing the funds to the deserving victims as per Rules & Regulations & repost compliance to this commission within six weeks from the receipt of this order" .

3.

On careful perusal of the operative part it appears that the Human Rights Commission has directed to Superintendent of Police, Solapur "consider" lodging of report against the erring

10-wp-4753-2021.doc officer the petition can be disposed of by clarifying that the said direction should not be constrained as mandatory direction to register the offence but however it is open for the Superintendent of Police, Solapur, if he finds that there is sufficient material to lodge prosecution against the erring officer, proceed to lodge prosecution in accordance with law. The petition is therefore stands disposed of. No costs.

(AMIT BORKAR, J.)