Vilas S/O. Shrikrishna Selokar v. State Of Maharashtra Thr. Its Secretary, Ministry Of Home Affairs,

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Writ Petition No.106 of 2019 [Vilas Shrikrishna Selokar Vs. The State of Mah., Home Deptt. & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. N. M. Gaidhane, Adv., for the petitioner. Mr. M. K. Pathan, APP for respondent nos. 1 to 3. Mr. G. D. Vaidya, Adv., for respondent nos. 4 to 6. Mr. S. Majid, Adv., for respondent no.7.

---- CORAM : P. N. DESHMUKH AND SMT. PUSHPA V. GANEDIWALA, JJ.

DATE : 29th July, 2019 The prayers made in the petition are as follows:- "[i] Issue appropriate writ, order or direction and hand over the investigation to Crime Investigation Department or any other independent investigation agency for proper investigation and [ii] Grant interim relief thereby issue direction to Respondent No. 1 to 3 to open the seal of the house and clinic of petitioner and protect the fundamental rights of petitioner provided in Constitution of India and [iii] This Hon'ble Court may impose the

penalty and grant the compensation to the petitioner and [iv] Grant any other relief which this Hon'ble Court deems fit and proper in circumstances of facts."

Admittedly, seal of petitioner's house-cum-clinic has been removed and investigation is in progress. It is also noted that provisions of section 4 of the Maharashtra Medicare Service Persons & Medicare Service Institutions (Prevention of Violence & Damage or Loss to Property) Act, 2010, are also added. Learned Addl. Public Prosecutor, on instructions from the Investigating Officer, who is present in the Court, makes a statement that on application of said provisions, arrest of two persons has been effected and they are released on bail by the trial Court. Learned Additional Public Prosecutor further states that investigation is in progress. Moreover, from the reply placed on record, we find that the investigation is continuing satisfactorily and as such, we find no reason to transfer the investigations to any other investigating agency. Needless to state that if the petitioner wants to have his additional statement recorded, the Investigating Officer shall duly consider the said request.

In so far as last prayer in the petition whereby the petitioner has sought compensation is concerned, we grant liberty in favour of petitioner to take appropriate

steps, if found necessary, on completion of investigation. In this view of the matter, petition is disposed of in above terms.

Judge Judge |hedau|