Amol S/O Bhausaheb Autade v. The State Of Maharashtra , Through Incharge Police Station Officer, Shirdi And Others

cp413.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CONTEMPT PETITION NO. 413 OF 2015 Amol s/o Bhausaheb Autade

...Petitioner

[Orig. Resp.No.2

VERSUS

The State of Maharashtra & others

...Respondents

[Contemnors] .....

Shri N.V.Gaware, advocate for petitioner Shri M.M.Nerlikar, A.P.P. for respondent/State .....

CORAM : A.B.CHAUDHARI AND INDIRA K.JAIN, JJ.

DATED : 31 st August, 2015 O R D E R :

1] Heard learned counsel for the rival parties.

2] Para nos. 6 and 7 of the affidavit in reply read as follows : - "6) I say that, the order dt. 5.3.2015 passed in Criminal Application No. 3753/2014 was not made aware to the police station either by the petitioner or by the office of the Public Prosecutor, High Court Bench at Aurangabad till this date. I say that, I have never received the order from the Registry of this Hon'ble Court.

cp413.15 7) I respectfully say and submit that, so far as the FIR No. 101/2014 is concerned, I have completed the investigation and filed charge sheet on 24.4.2015. Now as soon as as I have received the intimation from the office of Public Prosecutor, High Court Bench at Aurangabad that, a Contempt Petition No. 413/2015 was filed for disobedience and non compliance of the order dt. 5 March 2015, at that time, I came to know about the disposal of Criminal Application No. 3753/2014 and the observations made therein. Immediately, I have intimated my superior officer and accordingly, investigation in Cr. No. 104/2014 was handed over to me on 16.8.2015. Now the investigation of FIR No. 104/2014 is under progress."

3] We are satisfied from the above quoted reply that no case is made out for initiating any proceedings against the petitioner for contempt under the Contempt of Courts Act. 4] Contempt petition is disposed of.

[INDIRA K.JAIN, J.] [A.B.CHAUDHARI, J.] dbm/cp413.15