The High Court dismissed a writ petition regarding non-compliance with a direction to transfer a police officer. The Court held the petition moot due to the subsequent transfer of the officer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.392 OF 2008 WITH CRIMINAL APPLICATION NO.216 OF 2008
Sambhaji @ Dada Narayan Konde Vs.
State of Maharashtra and others
..Petitioner.
..Respondents.
Mr. K.S. Patil with Mr. Prashant Hagare for the Petitioner. Mr. S.R. Borulkar, PP with Mrs. U.V. Kejriwal, APP for the State.
CORAM: SMT. RANJANA DESAI and, DR. D.Y. CHANDRACHUD, JJ. 12th August, 2008.
P.C. :
Justice B.H. Marlapalle and Mr. Justice J.H. Bhatia) appointed Mr. S.B. Panse, Retired District and Sessions Judge to conduct an enquiry inter alia into the allegations made by the Petitioner and others that officers of Kothrud Police Station have given illtreatment to the Petitioner and two jewellers. The Division Bench also directed that in the meanwhile and until the enquiry is conducted, Respondent No.4 – Brahmanand Naikwadi, Police SubInspector, Kothrud Police Station shall be transferred from Kothrud Police Station by the competent authority forthwith until further
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orders. The Division Bench further directed that the transfer shall
be beyond the Pune Revenue Division. The Petitioner's grievance is that the said direction has not been complied with. In this Petition he is inter alia seeking a direction to the Respondents to forthwith comply with the said direction.
“In the meanwhile and until the inquiry is completed, the respondent no.4 shall be transferred from the Kothrud Police Station by the Competent Authority forthwith until further orders and the transfer shall be beyond the Pune Revenue Division.”
Therefore the Division Bench had directed that the Fourth Respondent should be transferred forthwith. Mr. Borulkar submitted that the transfer orders could not be issued immediately because the order dated 19th June, 2008 reached the office of the
Director General of Police on 30th June, 2008. Office of the
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Director General of Police sent directions to transfer Respondent No.4 to Thane to the office of the Commissioner of Police Pune on 17th July, 2008 and after following the necessary formalities the Fourth Respondent was transferred on 7th August, 2008.
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disposed of as such.
We, however, make it clear that all the contentions of
both the parties are kept open.
In view of the disposal of the Petition, Criminal
Application 216 of 2008 does not survive and is disposed of
accordingly.
(SMT. RANJANA DESAI, J.)
(DR. D.Y. CHANDRACHUD, J.)
1 issue framed by the court
Whether the direction to transfer the Police Sub-Inspector forthwith was complied with.
Sambhaji @ Dada Narayan Konde
State of Maharashtra
Brahmanand Naikwadi
Ranjana Desai
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
