The Registrar (Judicial) High Court Of Judicature At Bombay Bench At Aurangabad v. The Union Of India And Others
2025:BHC-AUG:23654-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL SUO-MOTO PUBLIC INTEREST LITIGATION NO.1 OF 2022 THE REGISTRAR (JUDICIAL), HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
VERSUS
THE UNION OF INDIA AND OTHERS ...
Mr. Akshay D. Kulkarni, Advocate, appointed as Amicus Curiae for Petitioner.
Mr. A.G. Talhar, D.S.G.I. for Respondent Nos. 1 to 5. Mr. A.B. Girase, Public Prosecutor for Respondent Nos.6, 7, 12 to 14, 21, 27, 28.
Ms. A.V. Gondhalekar Advocate for Respondent Nos. 8, 9, 10 and 11.
Mr. Ajinkya Kale Advocate h/f. Talekar and Associates for Respondent Nos. 18 to 20.
Mr. Gajanan Kshirsagar Advocate for Respondent Nos. 22 to 25. ...
CORAM: SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.
DATE : 1st AUGUST 2025 ORDER [PER SMT. VIBHA KANKANWADI, J.] :
1.
Heard learned Amicus Curiae Mr. Akshay Kulkarni for petitioner, learned Deputy Solicitor General of India Mr. Talhar for
respondent Nos. 1 to 5, learned Public Prosecutor Mr. Girase for respondent Nos. 6, 7, 12 to 14, 21, 27 and 28, and learned Advocate Ms. Gondhalekar for respondent Nos.8, 9, 10 and 11, learned Advocate Mr. Kale holding for Talekar and Associates for respondent Nos.18 to 20, learned Advocate Mr. Kshirsagar, for respondent Nos. 22 to 25.
2.
Learned Amicus Curiae submits that in view of the various orders those have been passed from time to time in this case, the First Information Report was registered. When it was found by this Court that the investigation was faulty, the investigation was handed over to Special Investigation Team. Now the chargesheet is also filed. When the matter was on Board on 28th November 2022, it was also pointed out that the Superintendent of Police, Jalna has exercised the powers under Section 173(8) of the Code of Criminal Procedure and directed further investigation by constituting a special investigation team. Thereafter, this Court, for considerable period, even monitored the investigation. The supplementary charge-sheet appears to have then been filed running into 3011 pages. However, the learned Amicus Curiae submits that now the purpose of this petition is over. The letter by the President, District Legal Services Authority cum Principal
District Judge, Jalna dated 4th March 2020, had led taking suo moto cognizance of the public interest litigation and for the alleged offences the First Information Report was filed and then, as aforesaid, the charge-sheet has been filed. We would like to point out the order passed on 7th July 2022 in this petition, wherein by giving directions in Paragraph No.6 of the said order, it was stated that this Public Interest Litigation is disposed of to the extent of aspect of directions of monitoring the children homes. Later on it appears that Suo Moto Public Interest Litigation No.2 of 2020 was converted into Criminal Suo Moto Public Interest Litigation No.1 of 2022. In respect of most of the prayers which have been prayed, directions have been issued from time to time and it appears that appropriate action has been taken.
Now, so far as the remaining prayers are concerned, those would be covered in Criminal Suo Moto Public Interest Litigation No.1 of 2025, in which on the wider aspects we have taken cognizance of the matter and therefore, we dispose of this Criminal Suo Moto Public Interest Litigation No.1 of 2022. 3.
We appreciate the efforts taken by learned Advocate Mr. Akshay D. Kulkarni in assisting the Court.
4.
The fees of Mr. Akshay Kulkarni, the learned Amicus Curiae who was appointed since 2020, is quantified at Rs.50,000/- (Rupees Fifty Thousand), to be paid by the High Court Legal Services Sub Committee, Aurangabad.
[SANJAY A. DESHMUKH] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/SEP25