HIGH COURT OF BOMBAY
SATISH S/O MAHADEORAO UKE – Appellant
Versus
STATE OF MAH. THR. COMMISSIONER OF POLICE NAGPUR AND 2 OTHERS – Respondent
Judgment
Judgment
1
1
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 482/2021
CRIMINAL WRIT PETITION NO. 482/2021
Satish S/o Mahadeorao Uke
Satish S/o Mahadeorao Uke,
,
Aged about 44 years, Occ. Legal Practitioner,
Aged about 44 years, Occ. Legal Practitioner,
R/o. Parvatinagar Nagpur,
R/o. Parvatinagar Nagpur,
Nagpur
Nagpur
….
….
PETITIONER
PETITIONER
//
//
VERSUS //
VERSUS //
1]
1]
State of Maharashtra
State of Maharashtra,
,
Through Commissioner of Police,
Through Commissioner of Police,
Nagpur
Nagpur
2]
2]
Deputy Commissioner of Police
Deputy Commissioner of Police,
,
Zone-I, Nagpur City, Nagpur
Zone-I, Nagpur City, Nagpur
3]
3]
Police Station Officer, P.S. Sonegaon
Police Station Officer, P.S. Sonegaon,
,
Nagpur
Nagpur
….
…. RESPONDENT(S)
RESPONDENT(S)
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Shri S.M. Uke - Petitioner-in-person
Shri S.M. Uke - Petitioner-in-person
Shri S.S. Doifode, APP for the respondents
Shri S.S. Doifode, APP for the respondents
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*******************************************************************
CORAM : V.M. DESHPANDE
CORAM : V.M. DESHPANDE
&
&
AMIT B. BORKAR, JJ.
AMIT B. BORKAR, JJ.
JULY
JULY
12
12
, 2021
, 2021
JUDGMENT
JUDGMENT
: (PER:- AMIT B. BORKAR, J.)
: (PER:- AMIT B. BORKAR, J.)
1]
Heard. RULE. Rule made returnable forthwith.
Judgment
Judgment
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2]
By this writ petition under Article 226 of the Constitution of
India, the petitioner is seeking direction to the respondents to take
cognizance of the complaint filed by the petitioner dated 05/07/2021.
3]
The petitioner is working as legal practitioner and had filed a
complaint dated 05/07/2021 before the respondents invoking Section 154 of
the Code of Criminal Procedure against Shri Devendra Fadnavis and his
associates on the ground that he had obtained photo copy of the Criminal
W.P. No. 350/2021 filed by the petitioner in this Court from the Office of the
Public Prosecutor, High Court of Bombay, Bench at Nagpur.
4]
The gist of allegations in the complaint of the petitioner are as
under :-
“a)
Petitioner had supplied four copies of Criminal W.P.
No. 350/2021 in the Office of Government Pleader, Bombay
High Court, Bench Nagpur for respondents in the said petition.
b)
The intervention applicant through his secret agent
got information about the said copies and thereafter
intervention applicant sent his agent to the person giving
information about those copies and illegally sought copies of the
said documents by committing theft or sought scanned copy of
the petition or sought photographs on mobile and said that the
Judgment
Judgment
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copies were supplied to the intervention applicant by secret
supporter by committing theft.
c)
By using the said copies of petition, the
intervention applicant has filed Criminal Application
No. 82/2021 in Criminal W.P. No. 350/2021 seeking permission
to intervene in the said proceedings before this court.
d)
The above facts show that the intervention
applicant has committed theft.
e)
It is therefore necessary to investigate role of the
intervention applicant and his associates as to how they got
copies of the above documents.”
5]
It is alleged in the petition that after filing of the complaint
dated 05/07/2021, the respondents are not taking any action on the said
complaint and there are no chances that the respondents will act on the same
due to the political influence of Shri Devendra Fadnavis, who is Ex-Chief
Minister of the State of Maharashtra and presently the Leader of Opposition
of the Maharashtra State Legislative Ass