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In the Matter Between : the State of Maharashtra Through Additional Chief Secretary Home Department, Mantralaya, Government of Maharashtra ...Petitioner Vs

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In the Matter Between : the State of Maharashtra Through Additional Chief Secretary Home Department, Mantralaya, Government of Maharashtra ...Petitioner Vs - 1 - wp-1903-2021-J-22-7-2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1903 OF 2021 The St te !" Mah #asht#a th#!ugh A''(t(!) * Ch(ef Secret #, Ho-e De. #t-ent/ Mant# * , / G!0er)-ent !" Mah #asht# ...Pet(t(!ne# 0s. The Cent# * B%#eau !" I)0est(& t(!)/ Th#!ugh (ts S%.er(ntendent !" P!*(ce, Ant( C!##%.t(!)12/ P*!t N!. 3B/ Fi#st F*!!#/ CGO C!-.*ex/ L!'h( R! '/ New Delh(1110003. ...Resp!)'ent WITH INTERIM APPLICATION NO. 1367 OF 2021 IN WRIT PETITION NO. 1903 OF 2021 D#. J (sh#( L 4- )# ! Pat(* Aged 88 ,ear$/ Occ 9 A'0!cate/C#(-()!*!&(st/ Resi'(ng at 1;01/ C#,st * T!5er/ P #el TT/ P #el East/ M%-< (/ 800012 ...A..*(cant In the -atter <et5een 9 The St te !" Mah #asht#a th#!ugh A''(t(!) * Ch(ef Secret #, Ho-e De. #t-ent/ Mant# * , / G!0er)-ent !" Mah #asht# ...Pet(t(!ne# 2s. The Cent# * B%#eau !" I)0est(& t(!) Th#!ugh (ts S%.er(ntendent !" P!*(ce, Ant( C!##%.t(!n 12/ P*!t N!. 3B/ Fi#st F*!!#/ CGO C!-.*ex/ L!'h( R! '/ New Delh(1110003. …Res.!)'ent WITH INTERIM APPLICATION NO. 1366 OF 2021 IN WRIT PETITION NO. 1903 OF 2021 Ghansh, - U. 'h, , aged 31 ,ear$/ Occupat(!) 1A'0!cate h 0(ng h($ !""(ce at 30;/ A#+ '( P#e-(ses, 193 NCPA R! '/ N #(-an P!()t/ M%-< ( 800 021. ...A..*(cant Shraddha Talekar, PS 1/54 ::: Uploaded on - 22/07/2021 ::: Downloaded on - 22/07/2021 19:24:03 ::: - 2 - wp-1903-2021-J-22-7-2021.doc I) the -atter <et5een 9 The St te !" Mah #asht#a th#!ugh A''(t(!) * Ch(ef Secret #, Ho-e De. #t-ent ...Pet(t(!ne# 0s. The Cent# * B%#eau !" I)0est(& t(!) th#!ugh (ts S%.er(ntendent !" P!*(ce ...Resp!)'ent >>> M#. Raf(que D ' / Seni!# A'0!cate, :5 M#. D #(%$ @h -<at / Seni!# A'0!cate, M#. Dee. A Th A#e, PP/ M#.AAsh , Sh()'e, APP M#. Ph(#!B Meht / M#. Tush # Hath(# - )( "!# Pet(t(!ne#1State. M#. Tush # Meht / S!*(+(t!# Gener * !" I)'( :5. M#. A)(* C. S(ngh/ A''*.S.G./ M#. S )'esh D. Pat(*/ M#. A'(t, Th AA #/ M#. D. P. S(ngh/ "!# Resp!)'ent N!.2:CBI. M#.S%<h $h Jh (:< L 5 G*!< * A'0!+ tes "!# A..*(cant:Inter0ene# () IA: 1366:2021. D#. J (sh#( Pat(*/ A..*(cant:Inter0ener1()1.e#$!n (n IA:1367:2021. >>> CORAM 9 S.S. SHINDE C N.J. JAMADAR, JJ. Rese#0ed "!# J%'&-ent !n 9 23#' J%)e 2021. J%'&-ent P#!)!unced !n 9 22)' J%*, 2021. DTHROUGH 2IDEO CONFERENCE) >>>>>> JUDGMENT 9 1. R%*e. R%*e - 'e #et%#) <*e "!#th5(th )'/ 5(th the +!nsent !" the *ea#ned +!%)$els "!# the . #t(es, hear' "() **,. 2. The St te !" Mah #asht# h $ .#esented th($ .et(t(!) %)'e# A#t(+*e 22; !" the C!nst(t%t(!) !" I)'( )' sect(!) 872 !" the C!'e !" C#(-() * P#!+ed%#e, 1963 t! quash )' set $('e the 8th )' 3th %))%-<ered . # &# .h$ !" the FIR RC 2232021A0003/ <ear()& B!!A N!. 1369/ Ser( * Shraddha Talekar, PS 2/54 ::: Uploaded on - 22/07/2021 ::: Downloaded on - 22/07/2021 19:24:03 ::: - 3 - wp-1903-2021-J-22-7-2021.doc N!. 001 !" 2021 ' ted 21st A.#(* 2021/ #egi$tered at AC12/ CBI/ New Delh(/ "!# the !""ences .%)(sh <*e U:$ec. 1201B !" I)'( ) Penal C!'e, 17;0 DFthe Penal C!'e’E )' sect(!) 6 !" the P#event(!) !" C!##%.t(!) Act/ 1977 $ -e)'e' <, the P#event(!) !" C!##%.t(!) DA-end-entE Act/ 2017 <, CBI1 #esp!)'ent. 3. The State +* (-$ t! <e +!nst# (ned t! ()0!Ae the 5#(t )' (nherent H%#($'(+t(!) !" th($ C!%#t (n the < +A'#!. !" the "!**!5(ng "act$ 9 D E A FIR <ear()& CR N!. 33:2021 5 $ #egi$tered 5(th G -'ev( P!*(ce Stat(!)/ 5hen SU2 * 'en 5(th Gelat(ne 5 $ "!%)' nea# the #esi'ence !" ) ()'%$t#( *(st. I)(t( **,/ ()0est(gat(!) 5 $ + ##(e' !ut <, the Ant(1Ter#!#(st S?% ' !" the State. Later !)/ the Nat(!) * I)0est(& t(!) Agency DNIAE t!!A !0er the ()0est(gat(!) !" the $ (' +#(-e. Sh#( Sach() 2aze, API attached t! the +#(-e ()0est(& t(!) U)(t !" C#(-e B#anch/ M%-< ( + -e t! <e ##este' <, NIA. Sh#( P # - B(# S(ngh/ the then C!--($$(!ner !" P!*(ce, M%-< ( + -e t! <e t# )$"e##ed t! the .!st !" C!-- )' )t Gener * !" Ho-e G% #'$/ Mah #asht# St te <, ) !#'e# 'ated 16th M #ch 2021. T A()& %-<# &e t! cert () P#ess #ep!#t$ att#(<ute' t! Sh#( Shraddha Talekar, PS 3/54 ::: Uploaded on - 22/07/2021 ::: Downloaded on - 22/07/2021 19:24:03 ::: - 4 - wp-1903-2021-J-22-7-2021.doc A)(* Desh-%Ah/ the then Ho-e M()(ster/ Sh#( P # - B(# S(ngh ''#essed *etter !) 20th M #ch 2021 t! the Ho)G<*e Ch(ef M()($ter 5herei) **egat(!)$ 5ere - 'e & (nst Sh#( A)(* Desh-%Ah. D<E On the "!**!5()& ' ,/ D#. J ($h#( Pat(* *!'ged #e.!#t 5(th M * < # Hi** P!*(ce Stat(!)/ .#(- #(*, !) the st#ength !" the **egat(!)$ +!nt (ned () the $ (' *etter 'ated 20th M #ch 2021 ''#essed <, Sh#( P # - B(# S(ngh. A +!., !" the $ (' *etter 5 $ annexed t! the $ (' #ep!#t. D+E A $er(es !" .#!ceed()&$ 5ere (nst(t%ted <ef!#e th($ C!%#t )' the S%.#e-e C!%#t. Fi#st/ W#(t Pet(t(!) <ei)& W#(t Pet(t(!) DC(0(*E N!.373:2021 5 $ (nst(t%ted <, Sh#( P # - B(# S(ngh <ef!#e the S%.#e-e C!%#t seek()&/ (nter1 *( / '(#ect(!) t! Cent# * B%#eau !" I)0est(& t(!) DCBIE t! +!)'uct (-. #t( * )' " (# ()0est(gat(!) () the **eged I+!##%.t - *.#act(ces” !" Sh#( A)(* Desh-%Ah )' 5#(t/ !#'er !# '(#ect(!) t! quash )' set $('e the "!#es (' t# )$"er !#'er 'ate' 16th M #ch 2021. B, ) !#'er 'ate' 28th M #ch 2021/ the $ (' 5#(t Shraddha Talekar, PS 4/54 ::: Uploaded on - 22/07/2021 ::: Downloaded on - 22/07/2021 19:24:03 ::: - 5 - wp-1903-2021-J-22-7-2021.doc .et(t(!) + -e t! <e '($.!sed !" $ 5(th'# 5) 5(th *(<ert, t! ..#!ach the High C!%#t. De) Sh#( P # - B(# S(ngh/ #-ed 5(th the $ (' *(<ert,/ "(*ed P%<*(+ Interest L(t(gat(!) N!. ; !" 2021 () th($ C!%#t seek()&/ (nter1 *( / (ssuance !" 5#(t !" - )' -%$ t! #esp!)'ent N!.31CBI t! +!)'%+t %)<(ased/ %)()"*%enced/ (-. #t( * )' " (# ()0est(gat(!)/ () the 0 #(!%$ +!##%.t - *.#act(ces !" Sh#( A)(* Desh-%Ah/ )' *$! t! (ssue 5#(t !" - )' -%$ t! #esp!)'ent N!.11State t! ensure that t# )$"e#:.!st()& !" .!*(ce !""(+( *$ #e )either '!ne !) ), +!)$('erat(!) !" .ecuni #, <ene"(t$ t! ), .!*(t(+( )/ )!# () +!nt# 0ent(!) !" the '(#ect(!)$ !" the S%.#eme C!%#t !" I)'( () the case !" P# Aash S()&h C Ors 2s. U)(!n !" I)'( C O#s. 1. D"E On the 0e#, ' ,/ D#. J (sh#( Pat(* "(*ed C#(-() * W#(t Pet(t(!) N!. 1381 !" 2021 seek()&/ (nter1 *( / %)<(ased/ %)()"*uenced/ (-. #t( * )' " (# ()0est(gat(!) () 0 #(!%$ +!##%.t - *.#act(ces !" Sh#( A)(* Desh-%Ah/ the then Ho-e M()(ster )' the #!*e .* ,ed <, Sh#( P # - B(# S(ngh/ the then 1 D200;E7 SCC 1 Shraddha Talekar, PS 5/54 ::: Uploaded on - 22/07/2021 ::: Downloaded on - 22/07/2021 19:24:03 ::: - 6 - wp-1903-2021-J-22-7-2021.doc C!--($$(!ner !" P!*(ce, M%-< (. D&E P%<*(+ Inte#est L(t(& t(!)/ <ei)& P.I.L. DSt.E N!. ;062 !" 2021/ 5 $ "(*ed <, Sh#( Ghansh, - U. 'h, , .# ,()& "!# '(#ect(!) "!# th!#!ugh ()0est(gat(!n & (nst the .er$!ns 5h!se ) -es "!%)' -ent(!) () the *etter !" Sh#( P # - B(# S(ngh <, '# 5()& .er$!nne* "#!- ()'ependent ()0est(gat()& agencies. DhE A)!ther P.I.L./ <ei)& PIL DSt.E N!.;1;; !" 2021/ 5 $ "(*ed <, M#. M!h ) P# <h A # Bh('e seek()& ..!(nt-ent !" C!--(ttee headed <, #et(#ed J%'ge !" the S%.#e-e C!%#t !# th($ C!%#t t! ()0est(gate (nt! the **egat(!)$ - 'e <, Sh#( P # - B(# S(ngh. 4. A D(0($(!) Bench !" th($ C!%#t/ .#esi'ed !0er <, the Ho)G<*e the Ch(ef Just(ce, '($.!sed !" ** the <!0e-)%-<ered .et(t(!)$ <, ) !#'er ' ted 3th A.#(* 2021. Th($ C!%#t 5 $ !" the 0(ew that/ () the < +A'#!. !" the )at%#e !" the **egat(!)$/ '(#ect(!)$ 5ere #equi#ed "!# " +(*(tat()& ) %)<(ased/ (-. #t( * )' " (# <ut e""ect(0e .#!<e $! that the t#uth ($ unearthed. S(nce Sh#( A)(* Desh-%Ah 5 $ the Ho-e M()($ter/ there +!%*' <e )! " (#/ (-. #t( */ %)<(ased )' unt (nte' .#!<e, (" the $ -e 5e#e Shraddha Talekar, PS 6/54 ::: Uploaded on - 22/07/2021 ::: Downloaded on - 22/07/2021 19:24:03 ::: - 7 - wp-1903-2021-J-22-7-2021.doc ent#usted t! the St te P!*(ce F!#ce. Th%$/ the .#!<e 5 $ #equi#ed t! <e ent#usted t! ) ()'ependent agency *(Ae CBI. Th($ C!%#t 5 $ !" the !.()(!) that the (nterest !" Hust(ce 5!%*' <e $%""(+(ent*, $er0ed (" the D(#ect!#/ CBI 5 $ '(#ected t! ()(t( te .#e*(-() #, e)?%(#, (nt! the +!-.* (nt !" D#. J (sh#( Pat(*/ 5h(+h h ' the *etter !" Sh#( P # - B(# S(ngh ''#essed t! the Ho)G<*e Ch(ef M()(ster/ $ ) )nex%#e. The D(#ect!#/ CBI 5 $/ th%$/ !#'ered t! +!)'uct the .#el(-() #, enqui#,/ .#e"er <*, 5(th() 13 D"("teen) ' ,s. P!st +!-.*et(!) !" .#el(-() #, enqui#,/ (t 5 $ "%#ther !#'ered/ the D(#ect!#/ CBI 5 $ at *(<ert, t! 'ec('e !) the "ut%#e +!%#se !" act(!)/ () ++!#'ance 5(th * 5. 5. S(nce the "ate !" the ch **enge h(nges %.!) the (-.!#t !" the !#'er .assed <, th($ C!%#t !) 3th A.#(* 2021/ (t - , <e ..!$(te, at th($ Hunct%#e (tsel"/ t! ext#act the .
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