Dr Abdul Gaffar Quadri v. Nikhit Kaushik

2024:BHC-AUG:8756-DB 1 cp 810.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 810 OF 2023 IN CRIMINAL WRIT PETITION NO. 49 OF 2023 Dr Abdul Gaffar Quadri .. Petitioner

Versus

Nikhit Kaushik and others .. Respondents Shri S. S. Kazi, Advocate for the Petitioner. Shri G. K. Kulkarni, A.G.P. for the Respondent Nos. 1 and 2. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 24 APRIL 2024.

FINAL ORDER :

.

Heard both the sides. Perused the papers including affidavit in reply.

2.

By the order dated 23.02.2023 in Criminal Writ Petition No. 49 of 2023, a grievance being made by the petitioner that no action was taken/initiated pursuant to his complaint dated 19 August 2020 and on a statement being made on behalf of the State by the learned A. P. P. that necessary decision would be taken and communicated to the petitioner, the petition was disposed of.

3.

Since, apparently, nothing was transpiring thereafter, this

2 cp 810.23 contempt proceeding was initiated.

4.

Affidavit in reply filed by the respondent No. 2 inter alia mentions about the steps being taken at his end pursuant to the directions of this Court. It mentions that a discrete enquiry was conducted. Even petitioner was called upon and his statement was recorded and now an open enquiry has been initiated in respect of the allegations. Officer of the Deputy Superintendent of Police rank has been appointed and even that decision has been communicated to the petitioner.

5.

In the circumstances, in our considered view, there is substantial compliance of the directions of this Court. Open enquiry has now been resorted to. Since it is matter of investigation, the order cannot be interpreted to mean that every stage is to be communicated to the petitioner. 6.

The contempt petition is disposed of.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/April 24