Irfan Fakir Mohammed Khan v. The State Of Maharashtra And ANR.

- 1 - PIL 46 of 2010 vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION No. 46 of 2010 Mr.Irfan Fakir Mohammed Khan ....Petitioner Vs.

The State of Maharashtra and Anr.

...Respondents

*********** Mr.Sushil Kumar Upadhyay i/b. Ashok Sarogi for Petitioner Mr. G.W. Matthos and Ms.Geeta Shastri -AGP for Respondent - State *********** CORAM : V. M. KANADE & Dr. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : AUGUST 21, 2015 P.C. :

1.

By this PIL, which is filed under Article 226 of the Constitution of India, the Petitioner is seeking the following relief: "(a) that this Hon'ble Court be pleased to pass an appropriate writ, order and direction directing an independent enquiry and/or enquiry by the Respondent No.1 in respect of the allegations which are subject matter of the letters annexed with the petition with an authority available with such Enquiry Officer to take action also against the person who is making attempt to obstruct such enquiry and subject to outcome of the same, appropriate legal action be taken against all such responsible person."

2.

In our view, this being the only relief claimed by the Petitioner 1/2

- 2 - PIL 46 of 2010 and, therefore, the PIL can be conveniently disposed of by directing Respondent No.1 to make an inquiry in accordance with law. With this direction the PIL is disposed of .

3.

In the afternoon, Shri G.W.Matthos, learned AGP for the State has mentioned the matter and tendered a report DGP- Anti Corruption Bureau pursuant to the direction given by this Court on 10th February, 2015 in a sealed envelop. In view of the report filed by DGP -Anti Corruption Bureau, nothing survives in the PIL and it is accordingly disposed of. Report may be kept in a sealed envelop. Sd/- Sd/- [ Dr. SHALINI PHANSALKAR-JOSHI , J.] [ V. M. KANADE, J.] Vaishali Tikam 2/2