Shiraz A Khan S/O Noorullah Khan v. The State Of Maharashtra And ANR

criwp838.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 838 OF 2015 Shiraz A Khan s/o Noorullah Khan .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Party in person.

Mr. K.S. Patil, APP for the State.

Mr. A.N. Irpatgire, advocate for respondents 3 and 4. ===== CORAM : R.M. BORDE & K. L. WADANE, JJ.

DATE : 7th APRIL, 2016.

PER COURT :

1.

Heard party in person.

2.

Request is made for issuance of directions to respondent no. 2 i.e. The Registrar / Office Superintendent, Family Court, Nanded, to conclude the enquiry / investigation into the allegations made in the application presented by petitioner, within stipulated period. 3.

Complaint made by party in person is in respect of issuance of certain documents from original record without observing the procedure prescribed in respect of issuance of copies. By virtue of order passed by this Court, Mr. Gural, District Judge - 4, Nanded, has conducted enquiry into the mater in respect of involvement of ministerial staff in the alleged act. Enquiry Officer has reported that, on recording statements of all the

criwp838.15.doc concerned who are directly or indirectly related and came in contact with the disputed documents, that there is nothing to hold any employee responsible and fix the responsibility upon any particular employee. 4.

So far as administrative cadre is concerned, on the basis of enquiry already conducted, it has been reported that responsibility cannot be fixed on any of the employee. At the same time, it is to be noted that petitioner has made allegations against certain other individuals also. The application appears to have been presented on record of the Family Court requesting the Court to take cognizance of matter connected with interference in course of administration of justice and pass appropriate order. The learned Judge of the Family Court has endorsed on the application that it shall be considered at the time of disposal of the matter on merits.

If at all, petitioner has any grievance in respect of alleged interference in administration of justice, it would be open for him to persue his claim for taking appropriate action in that regard on the basis of application already tendered or the application he may tender afresh. If petitioner chooses to present such application, it would be open for the Family Court to examine the same and take appropriate decision on its own merits. With liberty as above, writ petition stands disposed of.

( K. L. WADANE ) ( R. M. BORDE ) JUDGE JUDGE dyb