Niyam Bhasin v. State Of Maharashtra And ANR

2 wp 3677-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3677 OF 2025 LAXMI SUBHASH SONTAKKE Niyam Bhasin .. Petitioner by LAXMI SUBHASH SONTAKKE Date: 2025.07.30 11:12:27 +0530

Versus

State of Maharashtra & Ors.

.. Respondents Mr. Shreyas Shrivastava & Aman Mishra for the Petitioner. Mrs. Rutuja Ambekar, APP for the Respondent-State. Mr. Niyam Bhasin, Petitioner is present.

CORAM: RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.

DATE:

JULY 25, 2025 P. C.

1.

The Petitioner's Complaint No. 71 of 2022, is pending before the State Police Complaints Authority (SPCA), Maharashtra State, Mumbai since 2022. It's almost 3 years that there has been no decision. The Petitioner contends that normally such complaints are decided between 3 to 6 months and 3 years have already passed.

Laxmi 1/2

2 wp 3677-25.odt 2.

The learned APP frankly submits that Respondent No.2 would decide the complaint within such timeline as this Court may direct. 3.

We have perused the observations of the SPCA dated 21st February, 2024 which indicate that the Chairperson of the Authority Mr. Justice Shrihari Davare (retired) has recused to participate in the proceedings. 4.

In view of the above, this Writ Petition is disposed off with a direction to Respondent No.1 that the Petitioner's complaint be placed before the SPCA. We further direct Respondent No.1 to constitute the SPCA in a manner which would be in a tune with the provisions of law, for considering the pending complaint of the Petitioner bearing SPCA Case No. 71 of 2022. The entire record and proceedings available in the said file would be placed before the newly constituted Committee, since Mr. Shrihari Davare (retired) has recused to participate in the proceedings. Fresh notice be issued to both the parties and after permitting them an opportunity of putting forth oral submissions, the complaint be decided within a period of 120 days from today. Even written notes of submissions tendered by the parties will be accepted. [ GAUTAM A. ANKHAD, J.] [RAVINDRA V. GHUGE, J.] Laxmi 2/2