PA – Nitin Jagtap 1 / 4 28-WP-1902-2021-URGENT.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1902 OF 2021 Param Bir Singh … Petitioner Versus The State of & Ors. … Respondents

Mr.Mahesh Jethmalani, Sr.Adv. alongwith Ms.Sunnya Punamia, Ms. Kinnari Mehta i/ b. Mr.Ajay Bhise for the Petitioner. Mr.Darius Khambata, Sr. Adv. a/w. Mr. Deepak Thakare, Chief PP for Respondent Nos. 1 to 3. Mr. S.B. Talekar i/b. Talekar and Associates for Respondent No. 4.

CORAM : S.J.KATHAWALLA, & SURENDRA P. TAVADE, JJ. DATE : 21st MAY, 2021 (VACATION COURT THROUGH VIDEO CONFERENCING ) P.C. :

1. The above Writ Petition is fled by the Petitioner – Mr. Param Bir Singh against the Respondent-State of Maharashtra for the following reliefs :

“(a) Issue a Writ of Mandamus or any other appropriate Writ, Order or direction directing Respondent No. 5 – CBI to inquire / investigate into the criminal conspiracy and malicious attempts to pressurize him to withdraw his letter dated 20th March, 2021 addressed to the Hon’ble Chief Minister of the Respondent No. 1 inter alia by registering the impugned FIR No. 105 of 2021 against the Petitioner through Respondent No. 2 Police Station at and

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transferred to Respondent No. 3 Police Station at Kalyan. (b) Issue a Writ of Mandamus or any other appropriate Writ, Order or direction calling upon the records which led to issuance of the impugned FIR bearing 105 of 2021 dated 29th April, 2021 registered at Respondent No. 3 Police Station (Originally registered as FIR No. 277 of 2021 at Akola Police Station) and after going through the same, to quash and set aside each of the impugned FIR. (c) Or in alternative, this Court may be pleased to quash and set aside FIR No. 105 of 2021 for offence punishable under Sections 3(1)(p), 3(1)(q), 3(1)(r), 3(2)(2), 3(2)(5) and 3(2)(7) of the Schedule Caste and Schedule Tribe (Atrocities Prevention) Act, 1989 read with Section 109, 110, 111, 113, 166, 167, 175, 177, 181, 182, 193, 195, 196, 203, 211, 217, 218, 500, 120B of IPC read with Section 22 of the Maharashtra Police Act, 1951 pending investigation with the Respondent No. 3, inter alia for being manifestly arbitrary, wholly illegal and void ab initio, issued with sinister motives, smeared with vendetta and issued with oblique purposes to thwart the investigations by CBI directed by this Court against Shri Anil , the then Hon’ble Home Minister in the Government of Maharashtra and others, and to pressurize the Petitioner to withdraw the letter dated 20th March, 2021 issued to Hon’ble Chief Minister of the Respondent No. 1. (d) Pending the hearing and fnal disposal of the Application, the Hon’ble Court may be pleased to : (i) stay all actions and consequent proceedings in the

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impugned FIR bearing CR No. 105 of 2021 which is pending investigation with the Respondent No. 3 and (ii) restrain the Respondent No. 3 from taking any coercive steps against the Petitioner in connection with FIR bearing CR No. 105 of 2021.” 2. The above Writ Petition had appeared before Justice S.S. Shinde on 6th

May, 2021, when liberty was granted to the Petitioner to mention the matter before the

Vacation Court. The Vacation Court was moved on 13th May, 2021 (Coram : Prasanna

B. Varale and N.R. Borkar, JJ.), when the following Order was passed :

“1. Heard Mr. Jethmalani, learned senior counsel for the petitioner, Mr. Khambata, learned senior counsel appearing for Respondent Nos.1 to 3, i.e., - State of Maharashtra. Mr. Anil Singh, learned ASG appears for Respondent No.5 – CBI. 2. Mr. Khambata, learned senior counsel submitted before this court that a compilation of documents was served on him today itself. As such, he prayed for some time to go through the compilation as well as to fle reply to the petition itself. Mr. Jethmalani, learned senior counsel submitted that the petitioner is apprehending an action in the nature of effecting arrest of petitioner, as such he may be protected. Mr. Khambata, learned senior counsel, on instructions, submitted that no arrest of the petitioner would be effected till 21st May 2021 and the petition be posted for consideration on 21 st May 2021. Accordingly, we post the petition on 21st May 2021.”

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3. Today, we had sixty matters on our board including the above Writ

Petition and Writ Petition No. 1903 of 2021 which is fled by the State of Maharashtra against the Central Bureau of Investigation, which is also part heard.

4. The above Writ Petition was called out in the afternoon when we suggested that the State Government may continue the statement made before the

Court on 13th May, 2021, for two more days i.e. upto 24th May, 2021 so that the

Learned Judges hearing the criminal matters on and from 24th May, 2021 can commence hearing of the matter. The State of Maharashtra declined the suggestion.

In view thereof, we had to commence the hearing of the matter at around 10.12 p.m.

We have heard Mr.Mahesh Jethmalani, Senior Advocate appearing for the Petitioner and Mr.Darius Khambata, Senior Advocate appearing for the State of Maharashtra upto 11.55 p.m. Since we would cease to be Vacation Judges at the stroke of 12.00 midnight, the Registry shall seek appropriate orders/directions from the Hon’ble The

Chief Justice with respect to this matter which is part-heard and communicate the order to this Bench and the concerned parties on 24th May, 2021 at 10.30 a.m. The

State of Maharashtra shall not arrest the Petitioner – Mr. Param Bir Singh upto 24th

May, 2021.

5. Stand over to 24th May, 2021 at 10.30 a.m.

( SURENDRA P. TAVADE, J. ) ( S.J.KATHAWALLA, J. )

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