Judgment

Judgment

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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