Ishwar Prasad G. Khandelwal v. the State of Maharashtra and Ors.
Case brief
What is this about?
Court held that a complainant aggrieved by investigation summary reports must file a writ petition or protest before Magistrate, as PIL is only for those unable to approach the court. Petitioner's case converted to criminal writ petition.
What did the court decide?
Matter converted from Criminal Public Interest Litigation to a criminal writ petition to be placed before an appropriate Bench.
What the court decided
CRPIL. 37-15
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION No. 37 OF 2015
Ishwar Prasad G. Khandelwal … Petitioner Vs. The State of Maharashtra & Ors. … Respondents
The Petitioner, in person - Present.
Mr. S. K. Shinde, PP a/w J. P. Yagnik, AGP for the Respondent - State.
CORAM : V. M. KANADE, & P. R. BORA, JJ.
DATE : FEBRUARY 17, 2017 PC.
- This criminal is filed by one of the complainants, being aggrieved by the “B” summary and “C” summary reports filed by the investigating agency. It is submitted that in one of the complaints, the Petitioner is a complainant, whereas in other complaints, the complainants are different. In our view, the Petitioner can challenge said reports in a writ petition, and not by way of PIL. We, therefore, convert this criminal PIL into a criminal writ petition. The matter to be
Issues for consideration
2 issues framed by the court
Whether a criminal PIL filed by a complainant aggrieved by B and C summary reports can be maintained or needs conversion to a writ petition.
Whether PIL is the appropriate remedy for persons who have access to alternative criminal remedies like writ petitions or protest petitions before the Magistrate.
Parties & counsel
- petitioner
Ishwar Prasad G. Khandelwal
- respondent
The State of Maharashtra
Coram
V. M. Kanade
Case details
As recorded by the court registry
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