K.V. Jagannatharao v. Air India Ltd. And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3505 OF 2017 Air India Ltd. and ors.

.....Petitioners versus The State of Maharashtra and ors.

.....Respondents along with CRIMINAL APPLICATION NO. 389 OF 2018 IN WRIT PETITION NO.3505 OF 2017 MR. K. V. Jagannatharao .....Applicant/ Org. Respondent No.3 In the matter of :

Air India Ltd. and 3 ors.

.....Petitioners versus The State of Maharashtra and 2 ors.

.....Respondents with WRIT PETITION NO.2785 OF 2017 Baburao Tulshiram Mukhedkar and anr.

....Petitioners versus The State of Maharashtra and anr.

.....Respondents with WRIT PETITION NO. 3401 OF 2017 Bhagwati Sharan Tiwary ....Petitioner versus The State of Maharashtra and 2 ors.

.....Respondents with WRIT PETITION NO.5567 OF 2018 along with CRIMINAL APPLICATION NO. 4 OF 2019 Sanjay Lazar ....Petitioner versus The State of Maharashtra and anr .....Respondents with WRIT PETITION NOS.5595 & 5596 OF 2018 Air India Ltd. and anr.

.....Petitioners versus The State of Maharashtra and 2 ors.

.....Respondents Shubhada S Kadam 1/3

with WRIT PETITION NO.563 OF 2019 Anil D. Khumbhare and anr.

.....Petitioners versus The State of Maharashtra and anr.

.....Respondents Mr. Kevic Setalwad, senior advocate along with Ms.Kavita Anchan, Ms.Hima Shaikh and Mr.Arsh Mishra I/b. M. V. Kini and Co., advocate for the petitioners in writ petition Nos.3505 of 2017 and 5595 & 5596 of 2018.

Mr. Shyam Dewani along with Mr. Chirag Chanani I/b. Dewani and Associates, advocate for the petitioner in writ petition No. 563 of 2019. Ms. Sonal Parab I/b. Rajeev Sawant and Associates, advocates for the petitioners in writ petition Nos.2785 and 3401 of 2017. Mr. Anilkumar K. P., advocate for the petitioner in writ petition No.5567 of 2018.

Mr. S. R. Shinde, APP for the State.

Mr. K. V. Jagannatharao, respondent -in- person in all the petitions and applicant-in-person in criminal application No.389 of 2018. CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

DATE : 16th APRIL, 2019.

P. C. :

1.

Mr. Jagannatharao, applicant-in-person, at the outset, seeks leave to withdraw the criminal application No.389 of 2018. Leave as prayed for, is granted. The criminal application No.389 of 2018 is, accordingly, dismissed as withdrawn.

2.

So far as rest of the matters are concerned, we have heard Mr. Setalwad, learned senior counsel for the petitioners. We have also heard Mr. Jagannatharao, respondent-in person. Shubhada S Kadam 2/3

3.

Having considered the rival submissions, now we are called upon to decide the following issues :

I) whether the petitioners are public servant within the meaning of Section 21 of the Indian Penal Code, 1860?

ii) whether magistrate can issue order under Section 156(3) of the Code of Criminal Procedure, 1973, without obtaining prior sanction?

4.

Learned senior counsel for the petitioners as well as respondent -in-person invited our attention to several decisions of the Apex Court. Having perused the same, we are of the opinion that the issue requires detailed deliberation. We, therefore, grant Rule. 5.

During pendency and till final disposal of the petitions, the interim relief granted earlier, shall continue to remain in operation. 6.

The Registry is directed to place the petitions for final hearing on 15th July, 2019.

7.

The respondents waive service of notice.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] Shubhada S Kadam 3/3