sat 1 wp 3696-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3696 OF 2010 Tulsidas Nair & Anr. ...Petitioners vs. The State of Maharashtra & Ors. ...Respondents Mr.Vikas Shivarkar for the Petitioner. Mr.Y.S. Shinde, APP for the State. CORAM : B.H. MARLAPALLE & U.D. SALVI, JJ. AUGUST 10, 2011 P.C. :- 1 Heard. 2 This petition filed under Articles 226 and 227 of the Constitution of India prays for the following reliefs :- (a) That this Hon’ble Court be pleased to Invoke its Jurisdiction under Section 482 of the Code of Criminal Procedure and call for the records and proceedings of the Respondents under C.R.No. 341/10 and C.R.No.541/10; alongwith 186/07-1302/PW 670/08, -254/PW; 256/08-1480/PW-LAC-1106/07-1900/PS sat 2 wp 3696-2010 and after scrutinising the said FIR and other things, this Hon’ble Court be pleased to declare the same as are null and void and quash set aside the same and pass such orders and directions as deem fit and proper; (b) In view of the high handed activities done by the respondent No.3 to 6 by using their official powers in malafide manner and putting the petitioner No.1 in various cases with an intention to trouble him. This Hon’ble Court may be pleased to direct an independent investigation by Respondent No.2 or by the Commissioner of Police; (c) That this Hon’ble Court may be pleased to direct Respondent No.3 for a proper investigation by the crime branch and put FIR against respondent No.4,5 and 6 under section 394, 395, 397 and 420 and other applicable sections of I.P.C.’ (d) That the Respondents No.5, 6 and 7 be directed to immediately hand over all the documents and or direct an Independent Authority to immediately seize from them and take possession of the same and hand over the same to the Petitioners and pass such orders and hand over the same to the petitioners and pass such orders and directions as deem fit and proper;” 3 As noted earlier, the petitioner claims to be the President of an organization called Rahul Gandhi National sat 3 wp 3696-2010 Brigade, a Charitable trust. His main allegations are against the police officers and their high-handedness to implicate him in false complaints. As per the petitioner, CR No.341/2010 and CR No.541/2010 have been registered against him by the concerned police officers deliberately so as to harass him and tarnish his image as a social worker. He has further alleged that the police from Vakola Police Station entered his house unauthorizedly, vandalized and removed certain important documents. It is further alleged that when he filed the complaints, they were either registered as NCs or on investigation, ‘B’ summary report was submitted to the concerned Court. 4 As directed by us, Shri Anil Jayram Kharade, Assistant Commissioner of Police, Vakola Division, Mumbai, has filed an affidavit-in-reply and some letters have been annexed thereto. He has also placed on record the antecedents of the petitioner. There are in all nine NCs registered against the petitioner and five criminal complaints are pending before the competent courts arising from CR Nos.186/2007, 670/2007, 1105/2007, 256/2008 and 77/98. It has been further pointed out that two more sat 4 wp 3696-2010 complaints registered against the petitioner apart from CR No.341/2010 and 541/2010, are also pending for investigation and they are MECR Nos.2/2010 and 151/2011. 5 So far as CR No.341/2010 is concerned, it is registered on the basis of the complaint filed by Shri Chandrakant Nimbalkar, who was allegedly made to part with an amount of Rs.18 lakhs under the pretext that the petitioner would get him allotted a flat from the Chief Minister’s quota. The affidavit has pointed out that letterheads of Mr.Motilal Vora and Mr.A.K. Anthony were also misused or shown to the complainant. The complainant’s son by name Avinash was taken to the Chief Minister’s chamber and was given a fake letter of allotment of flat by the petitioner. The second CR No. 541/2010 is registered on the basis of the complaint submitted by Ms.Tavinder Pal Tarlochansingh Anand. We have perused her statement recorded on 8th December, 2010. It is also pertinent to note that investigation is completed and charge-sheets have been filed in both the CRs and the cases have been now registered before the competent court. Hence, the petitioner’s remedy is to apply for discharge sat 5 wp 3696-2010 from these pending cases rather than praying for quashing of the CRs. 6 So far as the petitioner’s grievance that on investigation in his complaint, ‘B’ summary reports have been submitted by the IO is concerned, he has a remedy to contest these reports before the competent court. It has also been pointed out by the ACP in his affidavit that whatever papers were seized from the petitioner’s house, the seizure panchnama was drawn and the petitioner’s acknowledgment was obtained. 7 The petitioner also alleged that he was illegally detained and was tortured while under detention. It has been pointed out by the ACP in his affidavit that in respect of CR No.541/2010 registered for the offence punishable under Section 354 read with 34 of IPC, the petitioner was arrested on 8th December, 2010 and on his being produced for remand, MCR was granted. In respect of CR No.341/2010 registered for the offences punishable under Sections 420 and 504 of IPC, the petitioner was arrested on 9th December, 2010 and he was produced before sat 6 wp 3696-2010 the 32nd Court of Metropolitan Magistrate at Bandra on the same day. He was granted police custody till 13th December, 2010. As and when he was produced before the court of Metropolitan Magistrate, the petitioner did not complain of any ill treatment or harassment by the police officers. His complaint dated 20th December, 2010 was received by the Police Commissioner and an inquiry has been ordered into the same which is pending as of now. 8 We are, therefore, satisfied that there is no case made out to grant any of the reliefs prayed for in this petition and it must, therefore, fail at the threshold. 9 The petition is rejected summarily. (U.D. SALVI, J) (B.H. MARLAPALLE, J)