1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. SUO MOTU CONTEMPT PETITION NO.1 OF 2010 IN CRIMINAL WRIT PETITION NO.244 OF 2010 and CRIMINAL WRIT PETITION NO.244 OF 2010 The Registrar (Judicial), High Court of Bombay, Bench at Aurangabad. ... PETITIONER. Versus Superintendent of Police, Aurangabad. ... RESPONDENT. ... Suo Motu Contempt Petition. Shri N.B. Khandare, P.P. for respondent. ... WITH CRIMINAL WRIT PETITION NO.244 OF 2010. Ramkrushna s/o Parasram Rothe. ... PETITIONER. v/S The State of Maharashtra & ors. ... RESPONDENTS. 2 ... Shri S.G. Thombre, Advocate for petitioner. Shri N.B. Khandare, P.P. for respondent State. Shri U.S. Patil, Advocate for R.Nos.6,7 & 8. ... CORAM : S.B. DESHMUKH AND S.S. SHINDE, JJ. 13th July, 2010. PER COURT: We have heard Mr. Khandare, learned Public Prosecutor for respondent i.e. the Superintendent of Police (Rural) Aurangabad Mr. Manojkumar Shankarlal Lohiya. We have seen earlier orders passed by this Court. In response to the order passed by this Court on 28th June, 2010, affidavit- in-reply has been filed in Criminal Writ Petition No.244 of 2010. It is sworn in by Mr. Suresh Banduji Abhildhage, Police Sub Inspector, Mukundwadi Police Station, Aurangabad. Mr. Khandare, learned Public Prosecutor submits that this affidavit-in-reply sworn in by Mr. Ambhildhage was inadvertently filed in Criminal Writ Petition No.244 of 2010. Noticing this inadvertence, affidavit-in-reply in response to 3 the Suo Motu Contempt Petition No.1 of 2010 and issuance of notice by this Court, the Superintendent of Police (Rural) Aurangabad Mr. Manojkumar Shankarlal Lohiya has filed affidavit, sworn in on 2nd July, 2010. In Criminal Writ Petition No.244 of 2010 also affidavit-in-reply on behalf of respondents has been filed, which is sworn by the Superintendent of Police (Rural) Aurangabad Mr. Manojkumar Shankarlal Lohiya on 22nd June, 2010 and filed on 24th June, 2010. 2 We have seen all affidavits-in-reply filed on behalf of the respondents, sworn in by the Superintendent of Police (Rural) Aurangabad Mr. Manojkumar Shankarlal Lohiya and Mr.Ambhildhage, Police Sub Inspector of Mukundwadi Police Station, Aurangabad. In the affidavit filed in Writ Petition at page 62 by Mr. Manojkumar Lohiya, steps taken / investigation carried out have been clarified. With the assistance of the learned Counsel for the parties, we have seen Annexures of affidavit-in-reply. It is not in dispute among 4 the parties that date of birth of the alleged missing girl Rupali is 25th October, 1991. The learned Counsel Mr. Thombre appearing for the petitioner fairly concedes that in paragraph 5 of the petition, the date of alleged missing or kidnapping of the girl Rupali is mentioned as 2nd March, 2010. On behalf of the respondents, a statement is made that now the investigation is entrusted to Mr. Ambildhage, Police Sub Inspector, Mukundwadi Police Station. The investigation to go on. If the Police Officer concerned gets some cue or is able to produce the girl, shall do so. 3 The learned Public Prosecutor Mr. Khandare seeks three weeks time. We heard learned Counsel Mr. Thombre for the petitioner. We are adjourning hearing of the Criminal Writ Petition No.244 of 2010 to 18th August, 2010. 4 Since we are passing this common order in both the proceedings i.e. Contempt Petition No.1/2010 in Cri. Writ Petition No.244/2010 and Criminal 5 Writ Petition No.244/2010, we also heard Mr. Thombre, learned Counsel for the petitioner and Mr. Khandare, learned Public Prosecutor for the respondent. In paragraph 3 of the affidavit-in- reply to contempt petition, the Superintendent of Police (Rural) Aurangabad Mr. Manojkumar Shankarlal Lohiya has made a statement “I once again tender my unconditional apology for the lapse on my part and undertake to attend further dates of hearing as and when directed by this Hon’ble High Court”, in our opinion, unconditional apology tendered by the Superintendent of Police (Rural) Aurangabad Mr. Manojkumar Shankarlal Lohiya, is exanimo. We are inclined to accept the said unconditional apology and discharge notice of contempt issued and served to respondent - the Superintendent of Police (Rural) Aurangabad Mr. Manojkumar Shankarlal Lohiya. 5 In view of the above quoted apology, the Suo Motu Contempt Petition No.1/2010 stands disposed of. The notice of contempt stands discharged. 6 Presence of the Superintendent of Police (Rural) Aurangabad Mr. Manojkumar Shankarlal Lohiya in Criminal Writ Petition No.244/2010 stands dispensed with for the present. List Criminal Writ Petition No.244/2010 on 18th August, 2010. [ S.S. SHINDE ] [ S.B. DESHMUKH ] JUDGE JUDGE Kadam/*