Dr. Swapnil S/O. Vishnu Lale v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1343 OF 2019 Ratnakala Martandrao Mohite ... Applicant
Versus
The State of Maharashtra and another ... Respondents ....
Mr. Sambhaji S. Tope, Advocate for the Applicant Mr. G.O. Wattamwar, APP for Respondent No.1 / State Mr. Uttam L. Talegaonkar, Advocate for Respondent no.2 AND CRIMINAL WRIT PETITION NO. 402 OF 2020 Dr. Rekha W/o Gowardhan Gaikwad ... Petitioner
Versus
The State of Maharashtra and others ... Respondents ....
Mr. V.D. Sapkal, Senior Advocate i/b Mr. S.R. Sapkal, Advocate for the Petitioner Mr. G.O. Wattamwar, APP for Respondents / State AND CRIMINAL APPLICATION NO. 1350 OF 2019 Dr. Swapnil S/o Vishnu Lale ... Applicant
Versus
The State of Maharashtra and another ... Respondents
....
Mr. Kuldip S. Kahalekar, Advocate h/f Mr. N.S. Ghanekar, Advocate for the Applicant Mr. G.O. Wattamwar, APP for Respondent No.1 / State Mr. Uttam L. Talegaonkar, Advocate for Respondent no.2 AND CRIMINAL APPLICATION NO. 1431 OF 2019 Govind S/o Pandit Chaudhary ... Applicant
Versus
The State of Maharashtra and another ... Respondents ....
Mr. J.V. Deshpande, Advocate for the Applicant Mr. G.O. Wattamwar, APP for Respondent No.1 / State Mr. V.D. Sapkal, Senior Advocate for Respondent no.2 ....
CORAM : V. K. JADHAV AND SHRIKANT D. KULKARNI, JJ.
DATE : 23rd AUGUST, 2021 PER COURT:- 1.
Mr. V.D. Sapkal, learned Senior Counsel for the petitioner in writ petition no.402 of 2020 submits that the petitioner has filed this writ petition for directions against the investigating agency to complete the investigation and submit a report in connection with crime no.40 of 2019 registered with Vedant Nagar Police Station, Aurangabad.
2.
Learned APP submits that Mr. Vivek Ramchandra Saraf, Assistant Commissioner of Police, Cantonment Division, Aurangabad has filed an affidavit-in-reply. In para 4, it is stated that "the Under Secretary of the Public Health Department after considering the entire relevant record placed before him, declined to grant sanction to prosecute three accused Health Officials. As all these three Health Officials are Class-I officers, it was placed before the Hon'ble Chief Minister, who being the competent authority to sanction to prosecute". In para 5 of the said affidavit-in-reply, it is further contended that, "the Hon'
ble Chief Minister after considering the above material placed before him took conscious decision not to grant sanction to prosecute these Class-I Health Officers". Learned APP submits that a copy of the said decision is also annexed and marked as Exhibit "R-2".
3.
The learned Senior Counsel for the petitioner submits that at present the petitioner has not decided to challenge the said order. However, in future, the petitioner may challenge the said order. 4.
Mr. Tope, learned counsel for the applicant / original accused no.2 in criminal application no. 1343 of 2019, Mr. Ghanekar, learned counsel for the applicant / original accused no.3 in criminal
application no.1350 of 2019 and Mr. J.V. Deshpande, learned counsel for the applicant / original accused no.1 in criminal application no.1431 of 2019, on instructions, seeks leave to withdraw all these applications in view of the affidavit-in-reply submitted by the State in criminal writ petition No.402 of 2020 as referred above with liberty to the applicants to file an applications for quashing, in the event, if the charge-sheet is submitted or otherwise.
5.
Leave granted.
6.
All the criminal applications are disposed of as withdrawn. The applicants in all the applications are at liberty to file an application for quashing of the criminal proceedings, in case, the order passed by the Under Secretary, Health Department and the order passed by the Hon'
ble Chief Minister of the State of Maharashtra is set aside and the charge-sheet is filed in consequence thereof or otherwise. 7.
Further, the writ petition no. 402 of 2020 is also disposed of since there is no question to give any direction for filing the chargesheet as the Under Secretary of Health Department, so also the Hon'
ble Chief Minister has refused to grant sanction in terms of the provisions of Section 197 of the Code of Criminal Procedure.
8.
The criminal applications and the writ petition is accordingly disposed of.
[ SHRIKANT D. KULKARNI ] [ V. K. JADHAV ] JUDGE JUDGE S.P. Rane