Laxman Keru Dalvai v. The State Of Maharashtra And ORS
SNEHA ABHAY DIXIT SNEHA ABHAY DIXIT Date: 2025.06.10 11:02:41 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.6532 OF 2024 Laxman Keru Dalvai .. Petitioner Vs.
The State of Maharashtra, Through Commissioner of Police, R.T.O. and Inspector-in-Charge, Nehru Nagar Police Station & Ors. .. Respondents Mr. Anand Mishra, i/by Mr. A.M. Saraogi, Advocates for the Petitioner. Mr. Laxman K. Dalvai, the Petitioner is present in person. Mrs. Rutuja Ambekar, APP for the Respondent-State of Maharashtra. CORAM : NITIN W. SAMBRE & SACHIN DESHMUKH, JJ DATE : 9TH JUNE 2025.
P.C. :
1.
Heard.
2.
The petitioner an employee of Mumbai Municipal Corporation approached this Court alleging that the commercial vehicle (bearing Registration No.MH-04-G-7390) owned by his wife has been illegally auctioned by the respondent - RTO Authorities. 3.
This Court having regard to the claim in the petition, caused notice in the matter and after having gone through the affidavit of the Deputy Regional Transfer Officer and the Enquiry Report of the Commissioner (Transport), prima facie observed that the petitioner has produced 1/3
doctored documents before the Court as consequence of which we directed registration of offence.
4.
Based on the above, Crime No.119 of 2025 came to be registered against the petitioner which is informed to be under investigation. 5.
In the aforesaid backdrop, the learned counsel for the petitioner submits that the petitioner may establish his defence before the trial Court in the case when he was charge-sheeted. However, at this stage, he has instructions not to press the petition and the same shall be without prejudice to the rights and contentions established in the trial if so initiated against him.
6.
As against above, the learned APP would urge that after the registration of offence referred to above the investigation is in progress and considering the conduct of the petitioner, the petitioner must be put to strict conditions.
7.
It is borne out of the record in view of the copy of the FIR produced by the learned APP that Crime No.119 of 2025 referred to above has been registered against the petitioner.
8.
The said investigation is since been informed to be in progress. As this Court was satisfied that the petitioner has based his petition on 2/3
doctored documents, we deem it appropriate to direct the Investigating Officer to complete the investigation expeditiously and shall submit the compliance report before this Court within a period of twelve weeks from today.
9.
It is only for this purpose that we intend to keep the matter alive. However, as far as merits of the matter are concerned which are sought to be canvassed by the learned counsel for the petitioner are already taken care of and that it will be appropriate for us to dismiss the present petition with the costs of Rs.25,000/- to be paid to M/s. Kirtikar Law Library within a period of four weeks from today.
10.
After the registration of Crime No.119 of 2025 on 25th February 2025 for an offence punishable under Sections 336(2), 338 and 340(2) of IPC (BNS), 2023 against the petitioner, the progress in the investigation is not brought to the notice of this Court as the said offence came to be registered pursuant to the directions issued by this Court. 11.
The learned APP is granted time of two weeks to place on record the status of the investigation. Stand over to 7th July 2025. [ SACHIN DESHMUKH, J. ] [ NITIN W. SAMBRE, J. ] 3/3