1 wp699.10.sxw ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.699 OF 2010 WITH CRIMINAL APPLICATION NO.230 OF 2010 IN CRIMINAL WRIT PETITION NO.699 OF 2010 N. Devadasan. ..Petitioner. v/s. The State of Maharashtra. ..Respondent. Mr. A.M.Saraogi, advocate for petitioner. Ms. S.V.Gajare, APP for State. CORAM:- A.M.KHANWILKAR & A.P.BHANGALE, JJ DATED :- NOVEMBER 18, 2010. P.C. 1. The Limited grievance made in this Petition is that the Respondents have not inquired into the allegations made by the Petitioner in the successive complaints made on 19th April, 2008 at page 229 of paper book and dated 16th July, 2008 at page 272 of paper book. 2 wp699.10.sxw 2. The complaint at page 229 was addressed to the Commissioner of Police who in turn forwarded that complaint to DCP, Zone-X, Mumbai for detail enquiry, necessary action and report, as can be discerned from the noting made on the communication dated 24th April, 2008. The complaint at page 272 was addressed to Joint Commissioner of Police(Crime), Mumbai, which was received in the office on 17th July, 2008, as can be discerned from the acknowledgment found on the said communication. However, there is nothing on record to indicate that the grievance made in the said complaints including regarding tampering and fabrication of case diary Nos. 11 to 25 has been enquired into by any competent officer. No report has been placed before us indicating that such enquiry was done. 3. The learned APP has placed before us communication dated 6th October, 2008 sent by the Deputy Commissioner of Police dated 16th October, 2008 addressed to Joint Commissioner of Police(Crime). Even on fair reading of the said communication, there is nothing to indicate that the allegations in particular contained in complaint dated 16th July, 2008 have been specifically enquired into or satisfaction recorded to the effect that the same were false and devoid of merits. In absence of such enquiry or record to support the position that the superior officer applied his mind to the 3 wp699.10.sxw enquiry undertaken and was satisfied that there was no fabrication of concerned case diary, the only option is to direct the Respondent to enquire into two complaints dated 19th April, 2008 and 16th July, 2008 at pages 229 and 272 of the paper book respectively. That be done as expeditiously as possible. The Joint Commissioner of Police (Crime), Mumbai shall either enquire into those matters personally or through officers not below the rank of DCP, Zone X, Mumbai. That be done within six weeks from today and appropriate action be taken on the basis of the said enquiry in accordance with law. 4. Petition disposed of on the above terms. 5. In view of the order passed in Petition, nothing survives for consideration in application. The same is disposed of accordingly. (A.P.BHANGALE,J (A.M.KHANWILKAR, J)