1 wp-1542-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1542 OF 2011 Dr.Rohit Dhirajlal Mehta ...Petitioner Versus Mr.Madhukar Kokate & ors. ...Respondents Mr.Amitkumar Bhowmik and Mr.R.S.Mhamane for petitioner. Ms.M.H.Mhatre, APP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. June 17, 2011. P.C. 1. We have heard Mr.Bhowmik, the learned counsel for the petitioner. We have also perused the complaint of the petitioner dated 15/4/2009 on 2 wp-1542-2011 the basis of which C.R.No.98 of 2009 came to be registered. The said CR has been investigated and the charge-sheet has been filed on 25/3/2010. 2. It appears that the petitioner’s grievance was initially regarding illegal acquisition of his land located in Gat No.1260/1 and 1260/2 of village Sanswadi and the distribution of the said land for rehabilitation of some project affected persons or otherwise. As per the petitioner’s contentions the Collector, Pune had passed an order on 5/5/2001 and handed over land admeasuring 61 R. from Gat No.1260/2 to one Mrs.Tulsabai Yeole. She approached this Court in Writ Petition No.803 of 2009 and the Court directed the Collector to consider the application that may be submitted by the petitioner, in respect of the land bearing Survey No.1260/2. 3. The petitioner approached this Court in Criminal Writ Petition No. 3686 of 2010 and it was allowed to be withdrawn with liberty to file a fresh petition with better particulars and hence this petition is filed under Article 226 of the Constitution. It prays for the following substantial reliefs: (i) direct the Central Bureau of Investigation or any other 3 wp-1542-2011 Central Investigating Agency to investigate into the matter and give its report to this Hon’ble Court within a time bound frame for further action. (ii) The gratuity and other emoluments of the Respondent No.1, Mr. Madhukar Kokate, who is due to retire as Chairman of MPSC, Mumbai, on June 14, 2011 to be withheld, pending the outcome of the investigations. 4. We have given our anxious considerations to the averments set out in the petition and we have perused the relevant documents including the statement of the petitioner recorded on 15/4/2009 on the basis of which C.R.No.98 of 2009 was registered. The respondent no.1 was the Collector of Pune in the year 2000-2001 as per the said complaint and his orders were illegal. So far as the orders passed by the Collector, Pune for acquisition of land are concerned, that issue is fully settled by this Court by the earlier order dated 17/11/2009 passed in Writ Petition No.803 of 2009 and if the said order has not yet been implemented by the Collector, Pune, the petitioner’s remedy may be somewhere else. 4 wp-1542-2011 5. The petitioner’s complaint dated 15/5/2009 does not make out any offence against respondent no.1 and all that it states is that the petitioner was informed by one Shri Hanumant Pawar, the main accused, about the alleged relationship between respondent no.1 and said Hanumant Pawar. It is also stated that said Hanumant Pawar provided some information to the petitioner stating that some land in the name of Mrs.Surekha Pawar and Dr.Dipali Abhay Khode was jointly purchased and Dr. Dipali Khode is the daughter of respondent no.1. Solely based on such information, the petitioner claims that respondent must be added as an additional accused in C.R.No.98 of 2009. 6. Respondent no.1, even as per the petitioner, was till recently the Chairman of Maharashtra Public Service Commission and he retired on 14th June 2011. The petitioner seeks a writ from this Court to direct withholding of the pensionary benefits of respondent no.1, pending the outcome of investigations to be undertaken by the CBI as prayed for. To say the least, we are appalled by the intentions of the petitioner and we do not wish to say anything further. 7. We do not find any substance in this petition and it is a frivolous 5 wp-1542-2011 petition taken out and, therefore, it must fail at the threshold. The same is hereby rejected. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)