mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 886 OF 2009 Sudhir Santkumar Jhunjhunwala ..Petitioner Vs. The State of Maharashtra & Anr. ..Respondents Mr.Murtaqza Nanji with Mrs. Farida M. Najmi for the petitioner. Mr. J.S. Saluja, AGP for respondents. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 1ST FEBRUARY, 2010 P.C. The petitioner are aggrieved by the order dated 3rd January, 2009 whereby their complaint to the respondent No. 2 has been dismissed firstly on the ground that the matter is subjudice before the Court and secondly it would not be maintainable in view of Regulation 8(h) and (k) of the Maharashtra State Human Rights Commissioner Procedure (Regulation) 2001. In the first instance we asked parties whether the matter was subjudice. The issue in the matter of violation of human rights is not subjudice. What is subjudice is a complaint which is pending. The present subject matter does not touch the complaint, but arises from illegal acts committed by Police Officers/Staff which according to the petitioners tantamount to violation of his human rights. 2. Once that be the case clearly the order to that extent suffers from an error apparent on the face of the record. Prima facie on consideration of the averments in the complaint there is material to indicate that there has been violation of human rights. 3. In the light of that the impugned order is set aside. The matter is restored to file of the learned Commission to proceed according to law after giving notice to the petitioners. Rule made absolute accordingly. No order as to costs. (J.H. BHATIA, J.) (F,I. REBELLO,J.)