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Bombay High CourtCP/642/2021disposed off

Uttamrao Rambhaji Shelke v. Gulabrao Patil

2023-03-01Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice R. M. Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONT. PETITION NO.642 OF 2021 IN PIL/120/2019 UTTAMRAO RAMBHAJI SHELKE

VERSUS

GULABRAO PATIL ...

Mr. Ajinkya Kale h/f Talekar and Asso., Advocate for the Petitioner.

Mr. D. R. Kale, GP, for the Respondent - State. ...

CORAM:SMT. ANUJA PRABHUDESSAI & R.M. JOSHI, JJ DATE :MARCH 01, 2023 PER COURT :

1.

The grievance of the Petitioner is that the Respondent has not complied with direction contained in paragraph 3 of the order dated 12.03.2021 in PIL No. 120 of 2019.

2.

It appears that the complaint was filed before the Court of the Hon'ble the Chief Justice at the Principal Seat in the name of the Petitioner herein. The signature of the Petitioner was forged and his name was misused. The Petitioner did not scribe the contents of the complaint. A statement was made before the Court that the Petitioner had also approached to police to file complaint and same was not registered. In this

context, this Court had expressed that the police authorities are expected to accept the complaint received by them and take appropriate steps in that regard.

3.

The Petitioner has drawn our attention to complaint dated 10.03.2021, copy of which is annexed at page 47. The said copy of the complaint was received by Shirdi Police Station. It is not in dispute that the police have not taken any action in respect of the said complaint.

4.

Learned GP has sought to contend that the Petitioner has not furnished the copy of the complaint which is filed before the Court in PIL No. 120/2019. It is but obvious that the Petitioner would not be in a position to furnish the copy of the complaint which forms part of the Court record. There is nothing on record to indicate that the police have taken any steps to obtain said complaint. Learned GP states that grievance raised by the Petitioner in complaint dated 10.03.2019 will be looked into and appropriate actions will be taken in that regard.

5.

The statement is accepted as an undertaking to this Court. In the light of the said statement, Petition stands disposed of.

(R.M. JOSHI, J.) (SMT. ANUJA PRABHUDESSAI, J)