Pravin P. Wategaonkar v. The Director General And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4840 OF 2015 Pravin P. Wategaonkar .... Petitioner versus The Director General & Ors.

... Respondents .......

• Mr.Pravin D. Wategaonkar Petitioner in person. • Mrs.M.M. Deshmukh, APP for the State/Respondent. • Ms.Chitra Rentala a/w Chandan Singh Shekhawat, Shradha Achliya i/b. ALMT Legal, Advocate for the Respondent Nos.6 and 7.

• Mr.A.L. Bhise i/b. H.S. Venegaonkar, Advocate for the respondent No.8.

CORAM : RANJIT MORE & SARANG V. KOTWAL, JJ.

DATE : 24th JULY, 2017.

P.C. :

1.

Mr.Wategaonkar petitioner in person at the outset makes a statement that he is restricting this petition to the relief in prayer clause (B) only. Statement is accepted. So far as reliefs claimed in other clauses are concerned, he states that he does not press for the same at this stage and liberty may be granted to file separate Writ Petition/Public Interest Litigation. Nesarikar

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The prayer clause (B) reads as follows;

That this petition be allowed and this Hon'ble Court may be pleased to issue appropriate writ, order and/or direction to the Anti-Corruption Bureau to register a case under the Indian Penal Code and the Prevention of Corruption Act and such other laws as applicable in respect of the acts of commission and omission of the public servants involved in the tendering procedure and endorsing loan agreement in respect of Sion-Panvel Highway Improvement project, their connivance with and the willful acts of the bidding contractors who won the bid and later formed the SPV M/s. Sion Panvel Tollways Pvt. Ltd.

3.

The learned APP placed on record report dated 24/07/2017 by Additional Police Superintendent, AntiCorruption Bureau, Thane. The report discloses that the FIR bearing C.R. No.18/17 is registered u/s 420, 120(B), 409, 467, 468 r/w 34 of the Indian Penal Code and 13(1)(c)(d) and 13(2) of Prevention of Corruption Act, against the five named accused and others.

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Mr. Wategaonkar, the petitioner in person in the light of above fairly concedes that his grievance raised in the petition no more survives. The petition is accordingly disposed off with liberty to petitioner to file appropriate proceedings before appropriate Court in respect of relief claimed in other prayer clauses (except prayer clause (B)).

5.

Mr.Wategaonkar, the petitioner in person, at this stage submits that in order to enable him to file appropriate proceedings before the appropriate Court, the interim relief granted under order dated 27/03/2017 be continued for a period of four weeks.

6.

In the facts and circumstances of the case and in the interest of justice we continue the said ad-interim relief for a period of three weeks from today.

(SARANG V. KOTWAL, J.) (RANJIT MORE, J.)