Anand Suvalal Soni v. State Of Mah. Thr. Its Secretary, Home Dep. Mantralaya Mumbai And 6 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Writ Petition No.138/2020 (Anand Soni V State of Maharashtra and others) ******************************************************************************************************************* OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

******************************************************************************************************************* Mr. V.N. Patre, Adv for petitioner.

Mr. A.S. Dhore, Adv for resp. nos. 6 and 7.

Mr.T.A. Mirza, APP for resp. nos. 1 to 5.

CORAM : M.S. SONAK & PUSHPA V. GANEDIWALA, JJ. DATE : 30-11-2021.

In this petition we find that some complaints have been made against the Police officials. The learned Counsel for the respondents points out that under Section 22P of the Maharashtra Police Act, 1951 (the said Act), the State Government has constituted a State Police Complaints Authority (S.P.C.A.). They submit that since, the petitioner has alternative remedy of approaching the S.P.C.A., the present petition may not be entertained.

2.

We have perused the provisions of Section 22P of the said Act.

3.

Mr. Mirza, leaned APP has informed us that such S.P.C.A. is indeed constituted and the Chairperson is a retired Judge of this Hon'ble Court.

4.

Since the petitioner has alternative and efficacious

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5.

With liberty as aforesaid and without entertaining into the merits of the rival contentions, we dispose of this petition. 6.

We clarify that all contentions of all parties are expressly left open for determination by the S.P.C.A. should the petitioner indeed files a complaint before the S.P.C.A. 7.

Petition is disposed of in the aforesaid terms. There shall be no order as to costs.

(Pushpa V. Ganediwala, J.) (M.S. Sonak, J.) Deshmukh CHANDRASHEKHAR DESHMUKH Date: 2021.11.30 16:35:02 +0530 SANDEEP CHANDRASHEKHAR DESHMUKH