This single paragraph interim order disposed of a writ petition regarding police inaction and protection. The court noted the petitioner's complaints and application for protection but reserved decision on substantive specifics, stating disposal.
The petition has been disposed of with interim observations on pending applications.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.868 OF 2008
Godavari Chamanlal Saigal
Vs.
State of Maharashtra & Ors.... Respondents
Mr. R.S. Apte i/by Mr. N.R. Bubna for the
petitioner.
Mrs. A.S. Gadkari, APP for the Respondents.
CORAM : B.H. MARLAPALLE &
R.Y. GANOO, JJ.
DATE : 13TH JUNE, 2008
P.C. :-
1.Heard Mr. Apte, learned Counsel for the
petitioner. Mr. Apte has placed on record a copy
of the letter dated 30/4/2008 received by the
petitioner from the Police Inspector, Bandra
Police Station. Mr. Apte further stated that the
petitioner’s statement that her complaint has been
recorded by the said Police Station on or about
5/10/2008 and therefore, it appears that the
petitioner’s complaint is under investigation.
2.However, if the complaint is not
registered and investigated, the petitioner’s
remedy to approach the competent Court with a
private complaint is not taken away.
2
3.Mr. Apte also stated that the petitioner
has submitted her application to the Police
Commissioner, Greater Mumbai to provide her police
protection. If such an application has been
received by the Commissioner of Police, it may be
considered as per the rules.
4.Hence, the petition is disposed of.
( B.H. MARLAPALLE, J.)
( R.Y. GANOO, J.)
2 issues framed by the court
Whether the petitioner's remedy to approach the competent court with a private complaint remains available if the police complaint was not registered and investigated.
Whether the petitioner's application for police protection to the Police Commissioner is considered as per rules.
Godavari Chamanlal Saigal
State of Maharashtra
B.H. MARLAPALLE
R.Y. GANOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court