Disposed

Shafriee W/O Babarali Irani v. the State of Maharashtra and Others

Bombay HC3 Feb 2017WP/51/2015

Case brief

AI extract

What is this about?

In this criminal writ petition under Article 226, the petitioner sought directions to initiate investigation into complaints regarding arbitrary Police combing operations causing harassment to the Irani community. The Court found that the State Government had issued a circular with guidelines redressing the grievance and ordered an enquiry, rendering further adjudication unnecessary.

What did the court decide?

The Criminal Writ Petition stands disposed of as the grievance has been addressed by the Government Circular dated 19.01.2017 and an enquiry has been directed.

Shafriee W/O Babarali Irani Vs the State of… — Writ and Judicial Review | Bombay HC (2017)

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51.2015 Cri.WP.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO.51 OF 2015

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Shafribee w/o.Babarali Irani,
Age 55 Years, Occu. Household,
R/o.Near A-1 Video, Khadka Road,
Bhusawal, Tq. Bhusawal,
Dist.Jalgaon.

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 PETITIONER

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VERSUS

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1. The State of Maharashtra, Through Secretary, Ministry of Home Department, Mantralaya, Mumbai.

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2. The Commissioner of Police, Nashik Division, Nashik.

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3. The Superintendent of Police, Jalgaon.

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4. The Deputy Superintendent of Police, Bhusawal, Tq. Bhusawal, Dist. Jalgaon.

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5. The Bazar Peth Police Station, Through Police Inspector, Bhusawal, Tq. Bhusawal, Dist. Jalgaon. RESPONDENTS

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...

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Mr.Swapnil S. Patil, Advocate for the
Petitioner

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Ms.Preeti V. Diggikar, APP for the Respondent
/ State

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...

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51.2015 Cri.WP.odt

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CORAM: S.S.SHINDE &

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K.K.SONAWANE,JJ.

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Reserved on : 01.02.2017
 Pronounced on : 03.02.2017

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ORDER: (Per S.S.Shinde, J.):

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1.This Petition under Article 226 of

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the Constitution of India is filed by the
petitioner seeking directions to the
respondent nos. 1 to 3 to take cognizance of
thewrittencomplaints,particularly
complaint dated 10.11.2014 and to initiate

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enquiry/investigation and to take action
against the staff members of respondent no.5
and to submit report before this Court as
expeditiously as possible.

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2.Pursuant to the notices issued to

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the respondents, Mr.Rohidas Dnyaneshwar
Pawar, working as Dy. Superintendent of
Police, Bhusawal Division, Bhusawal, has

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filed affidavit-in-reply on behalf of
respondent no.4 on 13.02.2015. Thereafter,

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51.2015 Cri.WP.odt

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respondent no.4 filed further affidavit in
reply on 29.11.2016. Pursuant to the order

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passed by this Court on 21.12.2016, Mr.Yuvraj
Bayaji Ajetrao, working as Deputy Secretary,

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Home Department, Mantralaya, Mumbai has filed
affidavit in reply on behalf of respondent
no.1 on 19.01.2017. It is stated in the said

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affidavit-in-reply filed by the respondent
no.1 that the State Government has given

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direction to the Director General of Police

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to enquire into the report submitted by
Deputy Superintendent of Police, Bhusawal and
take necessary steps to avoid further such

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incidents. It is also stated that the State
Government has issued directions/guidelines

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vide Circular dated 19.01.2017 so as to

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redress grievance raised in the Petition that
whenever there are offences like theft,

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cheating etc. in Bhusawal City, the Police

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Personnel at Bhuasawal in absence of

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registering any FIR/complaint by the

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51.2015 Cri.WP.odt

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aggrieved person and without finding out the
actual involvement of any individual as such,
are arbitrarily conducting combing operations

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in the area where Irani community is
residing, and in that process they are
assaulting and causing mental as well as
physical harassment to the members of the
said community.

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3.We are satisfied that the Department
of Home, Government of Maharashtra, by
issuingGovernmentCircularbearing
No.lhvkjVh0117@iz-dz-03@iksy&12 dated
19.01.2017 has taken care of the grievance

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raised by the petitioner in the Petition. In

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the Circular dated 19.01.2017, the following
directions / guidelines are issued to all
concerned:

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1½ pksjhP;k xqUg;kP;k riklkdjhrk fo’ks"k eksfge jkcforkuk dks.kR;kgh lektkl xqUgsxkj u ekurk] T;k O;Drhoj la’k; vkgs v’kk O;Drh fojks/kkr dk;|krhy izpyhr rjrqnhuqlkj dk;Zokgh djkoh-

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51.2015 Cri.WP.odt

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2½ pksjhP;k xqUg;kuqlkj feGkysY;k ekfgrhP;k vuq"kaxkus rikl djrsosGh dks.kR;kgh lektkcnny vkdl rFkk iqoZxzg nq"khr gsrw u Bsork dk;|kP;k izpfyr rjrqnhuqlkj dk;Zokgh dj.;kr ;koh-

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Apart from issuing guidelines

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containing in the afore-mentioned Circular,
respondent no.1 has issued direction to the
Inspector General, Maharashtra State, Mumbai
to cause enquiry in respect of objectionable
statements made in the report submitted by
the Sub-Divisional Police Officer, Bhusawal,
to the Superintendent of Police, Jalgaon on
03.12.2014.

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4.In that view of the matter, further
adjudication of this Writ Petition is not
necessary, hence, the Criminal Writ Petition
stands disposed of accordingly.

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DDC

Shafriee W/O Babarali Irani v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Shafriee W/O Babarali Irani v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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