- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 5 OF 2011 Shankarrao V. Sathe. ..Petitioner. Versus Chandrasen Deshmukh & Others. ..Respondents. Mr. M. A. Choudhari for the petitioner. Mr. P. A. Pol, PP. Coram : SMT. RANJANA DESAI & RANJIT MORE, JJ. Date : August 4, 2011. P. C. : 1. The petitioner claims to be a senior journalist. It is his case that on 22/8/2009 some of the journalists including the present petitioner and some residents of village Mohol caught one truck illegally carrying 150 bags of wheat and handed it over to the local police station, i.e., Mohol Taluka Police Station. According to the petitioner when this truck was handed over to Mohol Taluka Police Station, respondent no.2 – Mr. Shisal, the then Police Sub Inspector, who was the duty officer, released the said truck on forged documents without making any detailed enquiry about the goods. According to the petitioner after the release of said truck, many complaints were made by the journalists as well as by the law abiding citizens about the srp - 2 - incident to the authorities. Therefore, the Divisional Police Officer, Solapur directed the registration of the FIR against the culprits. FIR No. 423 of 2009 was registered on 28/11/2009 by Mr. Jadhav, API, Mohol against some persons. However, respondent nos.1 and 2 were not arraigned as the accused in the FIR. After filing of this petition, when subsequent investigation revealed the involvement of respondent nos.1 & 2, they were added as the accused in the said FIR. We are informed that investigation in respect of the said FIR is in progress. We are informed that in all 16 persons have been arrested and investigation is being carried out by independent person, namely, the Deputy Superintendent of Police. We hope and trust that the said investigation will reach its logical end and it will be carried out independently. 2. It is also pointed out by Mr. Pol, PP that Departmental Enquiry is ordered against respondent nos.1 & 2 and they are suspended. Order dated 18/5/2011 issued by Spl. I. G., Kolhapur Region has been shown to us. From this order, it is evident that enquiry is to be conducted by one Mr. Bandgar, Sub-Divisional Police Officer, Karmala Division, Karmala within a period of six months. We are informed that the enquiry is in progress. This enquiry be conducted as expeditiously as - 3 - possible and be concluded within the time limit set down by the Spl. I. G., Kolhapur. Needless to state that in case respondent nos. 1 & 2 are found to be guilty, appropriate action shall be taken against them. 3. In view of the afore mentioned facts, the petitioners’ grievance is redressed. The petition, therefore can be disposed of. However, the report of the Departmental Enquiry shall be submitted to this court. Hence, following order. - : O R D E R :- (I) Petition is disposed of. (II) However, petition shall appear on board on 15/02/2012. On that day, report of the Departmental Enquiry shall be submitted to this Court. Needless to state that in case, the petitioner is dissatisfied with the report, he will be at liberty to adopt appropriate proceedings. (Ranjit More, J.) (Smt. Ranjana Desai,J.)