WP.974.2005.judgment.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE

CRIMINAL WRIT PETITION NO. 974 OF 2005

AVINASH TUKARAM SANAS

Age 40 years of Mumbai,

Indian Inhabitant,

residing at 101, Coronation,

Satguru Gardens, Thane,

Dist. Thane

(presently detained in Thane

Central Jail)

:-

PETITIONER

VERSUS

1. STATE OF MAHARASHTRA

2. SUDHAKAR B. PUJARI

3/3 Ekrar Bldg, Ekrar Road,

Borivali (W), Mumbai

and Vile Police Station,

Vile Parle (E), Mumbai.

:-

RESPONDENTS

Mr. S. B. Shetye, i/b. Mr. Samir Vaidya, for the Petitioner.

Ms. A. S. Pai, APP, for Respondent State.

Respondent No. 2 in person.

CORAM:-

A.M.KHANWILKAR &

K.K.TATED,JJ.

Judgment Reserved on

:- February 1, 2013

Judgment Pronounced on :- February 8,2013

Page 1 of 19

J.V.Salunke,PA

WP.974.2005.judgment.doc

JUDGMENT :- (Per A.M.Khanwilkar,J.)

Heard Counsel for the parties.

2)

This Writ Petition is filed by the original complainant.

He had filed a private complaint for initiating criminal action

against Respondent No. 2 Shri. Sudhakar B. Pujari, who was, at

the relevant time, working as Assistant Commissioner of Police in

Anti Corruption Bureau, Mumbai Unit, for offence punishable

under Section