Partly allowed

Mohammed Hanif Abdul Hamid Bagban v. the State of Maharashtra and Ors.

Bombay HC9 Sept 2009WP/357/2009

Case brief

AI extract

What is this about?

Court dismissed petition seeking quashing of FIR as investigation completed. Petitioner's character certificate to Naval Command setting petitioner as anti-social was quashed as vague.

What did the court decide?

Quashed the adverse police certificate/certificate to the Naval Command; allowed liberty to petitioner to seek remedies against charge-sheet filing.

Mohammed Hanif Abdul Hamid Bagban Vs the… — Pension and Retirement Benefits | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL WRIT PETITION NO.357 OF 2009

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Mohammed Hanif Abdul Hamid
Bagban
Vs.

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.... Petitioner

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The State of Maharashtra
& Ors..... Respondents

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Shri M.Y. Sayani for the Petitioner.

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Shri Rajesh More, APP, for the State.

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CORAM: BILAL NAZKI &
A.R. JOSHI, JJ.

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DATED: SEPTEMBER 9, 2009

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P.C:

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1.This writ petition is filed seeking
quashing of C.R. No.76 of 2008, registered at
the Pydhonie Police Station, Mumbai. We are
informed that during the pendency of this writ
petition, the investigation has been completed
and the charge-sheet is already filed.
Therefore, the FIR cannot be quashed at this
stage. However, the petitioner is at liberty
to take recourse to any remedy that may be
available to him in law, if he feels aggrieved

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by the filing of the charge-sheet.

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2.The petition further seeks that the
adversereport/certificateagainstthe
petitioner, forwarded by respondent No.4 to
the Head Quarters, Western Naval Command, be
set aside. It appears that the petitioner is
doing the business of supplying poultry/fresh
provision to the Western Naval Command and for
obtaining supply orders, he needed a character
certificate from the police and the concerned
police officer gave his report with the
following remark amongst other:

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"After going through the record of
Police Station, enquiry reveals that
his connection with anti-social
element and political parties cannot
be ruled out"

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The said police officer has placed anti-social
elements and political parties at the same
plain and at par with each other which means
that if it is established that a person has
connection with a political party or anti-
social element, then such person has a bad-
character. This report is neither here nor
there. It can be interpreted in any way. The
police officer was required to inform the
Naval authorities about the character of the

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petitioner but after reading his opinion, even
the Naval authorities must have also got
confused. Therefore, we quash the
report/certificate given by the said police
officer to the Naval authorities in relation to
the petitioner. However, the police officer
may furnish a fresh report/certificate to the
Naval authorities after conducting an inquiry
in the matter. With these observations, the
petition is disposed of.

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 (BILAL NAZKI, J.)

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 (A.R. JOSHI, J.)

Mohammed Hanif Abdul Hamid Bagban v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Mohammed Hanif Abdul Hamid Bagban 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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