1 wp.2795.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2795 OF 2010 Bhagwan Chellaram Chellani, 6/14, Vivekanand CHS Ltd., T.H.Kataria Marg, Mahim, Mumbai-400 016. ...Petitioner Versus 1.The State of Maharashtra 2.The Commissioner of Police for Mumbai, Opp.Crawford Market, Mumbai. 3.The Senior Inspector of Police, Mahim Police Station, Mahim, Mumbai – 400 016. 4.Inspector Sunil Chandugude, Posted at Mahim Police Station and Investigation Officer in the FIR registered against the Petitioner’s mother Smt.Nanki Chellaram Chellani ...Respondents ...... Mr.Mahendra Agvekar i/b Mr.Mandar Limaye for Petitioner. Mr.D.P.Adsule, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. ORDER RESERVED ON : MARCH 1, 2011. ORDER PRONOUNCED ON : MARCH 16, 2011. 2 wp.2795.10.sxw ORDER (Per A.M.Khanwilkar, J.) : 1. This Petition was heard along with Criminal Writ Petition No.1924 of 2010, which is being disposed of by separate order today. This Petition has been filed by the son of co-accused Nanki Chellaram Chellani. His mother is accused in Crime registered as C.R.No.214 of 2009 at Mahim Police Station for offences punishable under Sections 420, 465, 467, 468, 470 r/w 120-B of the Indian Penal Code. 2. The petitioner states that his mother Nanki Chellani has since expired after she was released on bail. By this Petition, the petitioner prays that the investigation of C.R.No.214/2009 be transferred to any other Police Station and to register criminal case against respondent No.4 Inspector Shri Sunil Chandugude and other police men and their associates who were investigating the crime registered as C.R.No.214 of 2009, as they are responsible for the death of his mother, who was falsely implicated, notwithstanding the fact that she was almost 3 wp.2795.10.sxw 84 years of age. This Petition is another attempt to make false, frivolous and vexatious allegations against the police personnel who are investigating into the offence bearing C.R.No.214 of 2009. Significantly, the petitioner’s mother had filed criminal Writ Petition No.3226 of 2009 to espouse the cause of her grandson Mahesh Dua. The same was dismissed on 5th February, 2010 on the following terms: “1. In this petition, it is inter alia prayed that respondents 3 and 4 should direct production of petitioner’s grandson Mr.Mahesh Dua in the court. We are informed that Mr.Mahesh Dua is not in police custody. He is wanted in C.R. No.214 of 2009 of Mahim Police Station. In fact, some other person has made anticipatory bail application on his behalf, which is pending in the Sessions Court at Bombay. Therefore, prayer for production of Mr.Mahesh Dua does not survive. 2. There are several allegations made against the police particularly respondent 3, the Inspector of Police, Mahim Police Station. The petitioners seek an order directing the Commissioner of Police to start inquiry against respondent 3. We are informed that respondent 3 was suspended and inquiry was conducted. However, the inquiry was closed and the period of inquiry has been treated as duty period. If the petitioner has any more grievances, he can approach the appropriate authority in the Police Department, if he so desires. We make it clear that we have not expressed any opinion on this aspect. After hearing learned counsel and after reading the affidavit in reply, we are, however, of the confirmed opinion that this petition is an attempt to pressurize the police. Such attempt cannot be allowed to succeed. 4 wp.2795.10.sxw 3. The petition is dismissed.” (emphasis supplied) 3. Even in that Petition, allegations were made against the present investigating team. That attempt having failed, another accused in the same crime made allegations against the police officials investigating into the matter and filed Criminal Writ Petition No.1924 of 2010. Even the said Writ Petition has been dismissed by us today by a separate order. The present Petition, as aforesaid, is filed by the son of the accused Nanki Chellani who has since expired after being released on bail. For the reasons already recorded in our order passed in Criminal Writ Petition No.1924 of 2010, the question of entertaining relief in terms of prayer clauses (a) and (b) to transfer the investigation of C.R.No.214 of 2009 and to suspend and/or stay the operations of F.I.R.No.214/2009 will have to be stated to be rejected. 4. Insofar as reliefs in terms of prayer clause (c) is concerned, the same is founded on the allegation that the 5 wp.2795.10.sxw Investigating Officers were responsible for the death of petitioner’s mother having falsely implicated her in the said offence registered as C.R.No.214 of 2009. In our opinion, the basis on which the Petition has been filed is preposterous. The question of registration of offence against the police officers on account of death of petitioner’s mother does not arise. It is not the case of the petitioner that the petitioner’s mother died in police custody or it is a case of custodial assault. Admittedly, the petitioner’s mother died after being released on bail. Even this Petition is founded on false, frivolous, vexatious allegations. The same, therefore, deserves to be dismissed. 5. Accordingly, the Petition is dismissed. 6. We refrain from imposing exemplary cost on the petitioner for having filed this Writ Petition on the basis of false, frivolous and vexatious allegations. Ordered accordingly. 6 wp.2795.10.sxw 7. Original medical record as well as police record be returned to the learned A.P.P., forthwith. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)