Disposed

Bhimraj Deepchandji Kothari v. the State of Maharashtra and Ors.

Bombay HC1 Aug 2007WP/3034/2005

Case brief

AI extract

What is this about?

The Court examined a writ petition alleging general police corruption and lack of fair investigation. Finding allegations vague, the Court directed the Additional Commissioner of Police to investigate specific instances of illegal investigation within six months.

What did the court decide?

Direction to the Additional Commissioner of Police, Mumbai to investigate allegations of illegal investigation and harassment and complete the exercise within six months.

Bhimraj Deepchandji Kothari Vs the… — Constitutional and Fundamental Rights | Bombay HC (2007)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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CRIMINAL WRIT PETITION NO.3034 OF 2005

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Mr. Bhimraj Deepchandji Kothari. Vs. State of Maharashtra & Ors.

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....Petitioner.

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...Respondents.

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Mr.Subhash Jha i/b. M/s. Law Global for the Petitioner. Ms.Poonam Kantharia, APP for the State.

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CORAM : SWATANTER KUMAR, C.J. & DR.D.Y.CHANDRACHUD, J.

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August 1, 2007 .

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P.C. :

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We have heard Counsel appearing for the Petitioner. In

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this petition under Article 226 of the Constitution of India, the Petitioner prays for issuance of appropriate order directing the Respondents to modify the Police manual based on statutory provisions of Criminal Procedure Code providing essential guidelines

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for better functioning of the Police. Further prayer is that the Court should lay down guidelines and in the event none of the other directions are issued, the guidelines should also be laid down in regard to the seizure panchanama, follow up panchanama, arrest etc.

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even in the tune of the guidelines in respect of the investigation to be conducted by CBI. Reliance is placed upon the judgment of the Supreme Court in the case of Vineet Narian vs. Union of India, (1998) 1 SCC 226.

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In order to substantiate the prayer made in the Writ Petition, a complaint has been made that there is corruption in investigation by the Police authorities and that the Complainants are being harassed without the complaint being looked into by the officers.

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At the very outset, there is no reference to any specific instance in the Writ Petition and the allegations are general. We are of the view that this is a matter which can hardly be examined by the Court in the exercise of its jurisdiction under Article 226 of the Constitution of India.

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Be that as it may, Counsel appearing for the State fairly stated that the Senior Police Officer shall look into the grievance made by the Petitioner and would take steps as may be necessary in accordance with law and expeditiously. Two representatives of the Bombay Suburban Jewelers Association be heard and they would be at liberty to bring to the notice of the authorities any specific instances

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where there have been illegal, erroneous investigation resulting in harassment to the complainants. We do express our concern that the authorities concerned would take every possible steps to ensure fair investigation which in any case will have legal and statutory obligations. Keeping in view the stand taken by the State, we direct the Additional Commissioner of Police, Mumbai to proceed with the matter in accordance with law. The Writ Petition is disposed of with the aforesaid directions. Necessary exercise shall be completed within a period of six months from today.

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CHIEF JUSTICE

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Dr.D.Y. CHANDRACHUD, J.

Bhimraj Deepchandji Kothari v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Bhimraj Deepchandji Kothari v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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