Anil Ashok Ramraje And Another v. The State Of Maharashtra Thr Principal Secretary Home Department Mantralaya Mumbai And ORS

980-CP-124-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 124 OF 2021 IN WRIT PETITION NO. 1266 OF 2019 ANIL ASHOK RAMRAJE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA, THROUGH PRINCIPAL SECRETARY, HOME DEPARTMENT, MANTRALAYA, MUMBAI AND OTHERS . . .

Advocate for Petitioners : Mr. Shivprasad G. Jadhavar AGP for Respondent - State : Mr. V. S. Badakh . . .

CORAM : MANGESH S. PATIL AND ABHAY S. WAGHWASE, JJ.

DATED : 29 MARCH 2023 PER COURT :

.

Heard both sides.

2.

The petitioner is alleging disobedience of the order of this court in Criminal Writ Petition No.1266 of 2019, dated 26.02.2020. The directions in paragraph No.6 reads as under :- "In the result, the petition is allowed. Direction is hereby given to the concerned police station to go on with the investigation of the matter (Crime No. 284 of 2017 registered with Dhule City Police Station for the aforesaid offences) and form an opinion about the commission of offence and take further action as provided under Cr.P.C. It needs to be kept in mind that there will be no necessity of sanction of the aforesaid Corporation for filing of the charge-sheet. Rule made absolute in those terms." 1/2

980-CP-124-2021.odt 3.

An affidavit-in-reply filed by respondent No.3, inter alia, mentions about the investigation having been conducted in crime No.284 of 2017 and filing of a report under section 173 of the Code of Criminal Procedure (Cr.P.C.). A copy of the final report submitted under section 173 of Cr.P.C. is also annexed as 'R-1.''

4.

Considering the fact that direction was to form an opinion regarding commission of the crime and to take appropriate steps under the Cr.P.C., the submission of the final report under section 173 of Cr.P.C. is due compliance with the directions of this Court. 5.

The Petition is disposed of.

6.

If the petitioner still feels aggrieved by the final report submitted by the Investigating Officer he may resort to the remedies as are available to him in law.

(ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.) Tandale/- 2/2