Bombay High Court
Sharad Nandasukhlal Shroff vs The State Of Maharashtra And Ors on 24 January, 2023
Author: Prithviraj K. Chavan
Bench: Revati Mohite Dere, Prithviraj K. Chavan
This Order is modified/corrected by Speaking to Minutes Order dated 09/02/2023
904-wp-1278-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1278 OF 2021
Sharad Nandasukhlal Shroff ... Petitioner
Versus
The State of Maharashtra and Ors. ... Respondents
Mr. Rajendra Sorankar, for the Petitioner.
Mr. K. V. Saste, APP for the Respondent - State.
Mr. Maulik Chheda, for the Respondent No.4.
CORAM : REVATI MOHITE DERE &
PRITHVIRAJ K. CHAVAN, JJ.
DATE : 24th JANUARY, 2023. P. C. :
Heard learned Counsel for the petitioner.
2 The petitioner is aged 81 years and a tenant of a flat situated at Sion. The petitioner is residing alongwith his wife aged 76 years, in the said flat.
3 According to the petitioner, the landlord's son i.e. respondent No.4-Sunil Bhagat has been filing frivolous police complaints not only against the petitioner but against all the tenants residing in the Rekha Patil 1/14 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 31/05/2023 07:37:10 ::: This Order is modified/corrected by Speaking to Minutes Order dated 09/02/2023 904-wp-1278-2021.odt said premises; that he is a tenant and residing in the said premises for the last 40-50 years and that the respondent No.4 has been harassing and troubling him and others, by switching off passage lights, switching off water connection, not allowing delivery of food or medicines in the building and using the police machinery, to call aged and vulnerable residents/tenants, even during the COVID times in police station by using his influence. It is further stated that pursuant thereto, the petitioner and other tenants had gone to the police station and were made to sit for long hours even during the COVID period, stating that they were required for enquiry pursuant to the complaint made by the respondent No.4-Sunil Bhagat.
4 Learned Counsel for the petitioner has tendered a Chart giving the list of cases filed by the respondent No.4 against the petitioner and his family members as well as other tenants. As far as the petitioner and his family members are concerned, it appears that there are about 11 cases filed by the respondent No.4 against them and two transfer applications before the learned Chief Metropolitan Magistrate Court, Esplanade, Mumbai seeking transfer of two of the cases. The list of cases is reproduced, hereinunder;
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1. 22nd MM Private Complaint u/s C Complainant Court at 156(3)CrPC for registration filed Andheri of FIR u/s 420, 406, 504, application u/s 221/SW/ 403, 182, 419, 415, 416, 210 of CrPC - 2020 500, 501, 506 of IPC and argument u/s 68, 69 of Indian Post pending Act against Sharad Shroff
2. 22nd MM Chargesheet filed u/s 182, Adv. Rajendra Trial not Court at 406, 419, 425, 462 and Sorankar started Andheri 501 of IPC and under 2420/PW/ section 68 and 69 of Indian 2021 Post office Act IN FIR no.
690 of 2020 registered with
MIDC police station on
03/10/2022 (Chargesheet
filed despite of No
Coercive Action order by
Hon'ble High Court)
3. 51st MM Private Complaint against For
Court at Sharad Shroff, his wife, Verification of
Kurla daughter, caretaker & other Complainant -
5100031/ tenants u/s 432, 188, 182, process not yet
SW/2022 186, 269, 341, 120(B), 34 issued
of IPC
4. 51st MM Private Complaint against Verification
Court at Sharad Shroff, his wife, recorded-
Kurla daughter and other tenants Process not yet
5100459/ u/s 500, 34 of IPC issued
SW/2021
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5. 51st MM Private Complaint against For Court at Sharad Shroff & 2 other verification of Kurla tenants u/s 430 & 34 of complainant -
71/SW/2021 IPC process not yet issued 6. 51st MM Complaint against Sharad Pending Court at Shroff, Renuka Shroff and verification Kurla other 6 tenants u/s 182, 5103008/ 109, 203, 500 and 34 of MISC/2022 IPC 7. 51st MM Miscellaneous case against For Court at Sharad Shroff and other verification of Kurla tenants u/s 427, 447, 109, complainant - MISC/ 34,120B of IPC and u/s process not yet 5103009/ 8(1), 21 of Maharashtra issued 2022 (Urban area) Protection and Preservation of Trees Act 1975 8. 30th MM Private Complaint against Adv. Rajendra Trial not Court at Sharad Shroff, his wife, Sorankar started Kurla daughter and other tenants 3000058/ u/s 182, 212, 34 of IPC SW/2021 9. 30th MM Private complaint against For Court at daughter and servant of Verification of Kurla Sharad Shroff u/s 182, 211, Complainant - 1142/Misc/ 203 34 IPC process not yet 2022 issued 10. 30th MM Private complaint seeking Pending for Court at order u/s 156(3) against order Kurla Sharad Shroff, his daughter 3002084/ and other tenants Misc/2022 11. 64th CMM Private Complaint u/s 499, Adv.Rajendra Stayed by Court at 500 of IPC against Sharad Sorankar Hon'ble High Esplanade Shroff and other tenants. Court 2538/SS/ 2019 Rekha Patil 4/14 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 31/05/2023 07:37:10 :::
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12. CMM Court Transfer Application filed Pending at Esplanade for transfer of case pending Argument 65/TA/2022 before Ld. MM Court at Kurla to other Court
13. CMM Court Transfer Application filed Pending Esplanade for transfer of case pending Argument 66/TA/2022 before Ld. 51st MM Court at Kurla to other Court.
CASES AGAINST OTHER TENANTS
1. 51st MM Private complaint against 3 For Court at tenants u/s 289, 341, 352, Verification of Kurla 504, 506, 34 of IPC Complainant -
5100037/SS/ process not yet
2022 issued
2. 30th MM Miscellaneous Application Fresh filing
Court at against Accused nos. 2, 10,
Kurla 12 and 14 of case no.
MISC/ 58/SW/2021 for providing
3690/2022 false information to Court while executing bail bond and issuance of process u/s 193, 182, 209 of IPC
3. 45th MM Private Complaint seeking Argument of Court at order u/s 156(3) against Complainant Kurla Gaurav Kaur, Farida Mulla is pending 57/SW/2022 and Manoj Kumar Mane
4. 51st MM Sunil Bhagat V/s Chirag Pending for Court at Mehta u/s 500, 504 and argument Kurla 506 of IPC MISC/ 5100011/ 2021 Rekha Patil 5/14 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 31/05/2023 07:37:10 ::: This Order is modified/corrected by Speaking to Minutes Order dated 09/02/2023 904-wp-1278-2021.odt
5. 59th MM Sunil Bhagat V/s Manohar Court at G M Kurla 17/Summary /2021
6. 59th MM Sunil Bhagat V/s Jai Court at Meghani u/s138 of NI Act Kurla and 406, 420 of IPC 5900003/ Summary/ 2021
7. 5th Adln. Sunil Bhagat V/s Heena CMM Savla and others u/s 500 Bhoiwada and 34 of IPC Court at Dadar 500070/SS/ 2022
8. 5th JMFC Sunil Bhagat V/s Narendra Vashi Court Toor and ors. u/s 845/Other 167,182,109,218,120B of Misc Appln/ IPC and 51,55,64,70 of 2022 Indian Post Act Sr. Details of Particulars Matters Stage no. cases and handled by Courts CITY CIVIL COURT MUMBAI
1. City Civil Sunil Bhagat V/s Sharad Adv. Rajendra Court Shroff and ors. Sorankar Mumbai LCS/ 756/2021 Rekha Patil 6/14 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 31/05/2023 07:37:10 ::: This Order is modified/corrected by Speaking to Minutes Order dated 09/02/2023 904-wp-1278-2021.odt
2. City Civil Chamber summons by Sunil Court Bhagat IN Suit of Urwashi Mumbai Savla V/s MCGM CHS/ 1846/2019 IN Suit no.
1465 of 2019
3. City Civil Chamber summons by Court Sunil Bhagat IN Suit of Mumbai Pradip Shah V/s MCGM CHS/ 1845/2019
4. City Civil Sardar Narendra Singh V/ Court s MCGM Mumbai CHS/ 1844/2019
5. City Civil Pradip Shah V/s MCGM Court Mumbai CHS/ 1843/2019
6. City Civil Rupali Dhanani V/s Court MCGM Mumbai CHS/ 1842/2019
7. City Civil Madhukar Metha V/s Court MCGM Mumbai CHS/ 1841/2019
8. City Civil Umrashi Savla V/s MCGM Court Mumbai CHS/ 1840/2019 Rekha Patil 7/14 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 31/05/2023 07:37:10 ::: This Order is modified/corrected by Speaking to Minutes Order dated 09/02/2023 904-wp-1278-2021.odt
9. City Civil Sharad Shroff V/s MCGM Court Mumbai CHS/ 1839/2019
10. City Civil Notice of Motion in Sharad Court Shroff V/s MCGM Mumbai NOM/ 2300/2019 Sr. Details of Particulars Matters Stage no. cases and handled by Courts SMALL CAUSES COURT MUMBAI
1. Small Eviction suit filed by Causes Poonam Bhagat (mother of Court Sharad shroff) against all Mumbai tenants.
RAE/
1572/2016 Poonam Bhagat V/s
Meenakshi Shroff and ors.
Sr. Details of Particulars Matters Stage
no. cases and handled by
Courts
BOMBAY HIGH COURT
1. Bombay Sunil Bhagat V/s MCGM Pending
High Court and ors.
Original
Side
WP/
641/2021
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1. Sion Police Against tenants (Bhavana Station Savla, Aasha Pradeep Shah) NC no. 170 of 2020
2. Sion Police Against Chirag Mehta, station FIR Pradeep Shah (tenants) no. 117 of 2020
3. Sion Police U/s 341, 385 IPC - against station Sharad Shroff, his daughter FIR no. 620 and Chirag Mehta of 2021
4. MIDC u/s 182, 406, 419, 425, 1.
police 462 and 501 of IPC and
station under section 68 and 69 of
FIR no.690 Indian Post office Act.
of 2020
dated
03/10/2022
Other than above, several NC lodged with Sion Police station, MIDC police station and Matunga police station against all tenants including Sharad Shroff, his servants, driver, his wife, daughter and son-in-law for frivolous issues even during covid period.
Rekha Patil 9/14 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 31/05/2023 07:37:10 :::This Order is modified/corrected by Speaking to Minutes Order dated 09/02/2023 904-wp-1278-2021.odt 5 As far as Sr.Nos. 1 and 2 (in the list of cases in the Magistrate Courts), the nature of allegations are identical, in both the said cases. We are informed that initially the respondent No.4 had filed a private complaint and sought an order under Section 156(3) of the Cr.P.C., however, till date no order has been passed by the learned Metropolitan Magistrate Court. It is not in dispute that the allegations in the FIR lodged with MIDC Police Station are identical to the allegations made in the private complaint, which is pending before the learned Magistrate Court, Andheri.
6 It appears that one of the cases which is at Sr. No. 11 in the aforesaid chart (in the list of cases in the Magistrate's Court), this Court has stayed the proceeding pending before the trial Court. It also appears that some of the sections in some of the private complaints on the face of it have no application. It also appears that, the case at serial No.8 in the said chart (in the list of cases in the Magistrate Court), the respondent No.4 has taken steps for issuance of NBW as against the petitioner, to secure his presence before the trial Court. It also appears that even the Advocate appearing for the petitioner before the Trial Court has not been Rekha Patil 10/14 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 31/05/2023 07:37:10 ::: This Order is modified/corrected by Speaking to Minutes Order dated 09/02/2023 904-wp-1278-2021.odt spared, inasmuch as, the respondent No. 4 has filed an application under Section 340 of Cr.P.C. against the Advocate appearing for the petitioner.
7 It is not in dispute that there is a dispute between the landlord and the tenants and that the respondent No.4 and his mother have filed Eviction Suits in the Small Causes Court in Mumbai. The details of the said case have been given on page 11 of the Petition. It appears that there are about six suits pending between the parties.
8 Although, we are concerned with only proceeding at Sr.No.2 from the aforesaid chart, having heard learned Counsel for the petitioner and learned Counsel for the respondent No.4, it prima facie appears that despite Civil proceedings pending between the parties, the respondent No.4 has filed criminal complaints to harass the petitioner and the other tenants and as such is misusing and abusing the process of law.
9 At this stage, learned Counsel for the respondent No.4 seeks time to file a detailed affidavit. The same to be filed in the Registry Rekha Patil 11/14 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 31/05/2023 07:37:10 ::: This Order is modified/corrected by Speaking to Minutes Order dated 09/02/2023 904-wp-1278-2021.odt of this Court within four weeks from today and an advance copy be served on the learned counsel for the petitioner.
10 In the meantime, till the next date, we deem it appropriate to not only to stay the proceedings pending before the learned Metropolitan Magistrate, 22nd Court at Andheri i.e. 2420/SW/2021 but also proceedings from Sr. Nos. 1 to 10 and the private complaints lodged by the respondent No.4, as against the petitioner and his family.
11 As far as Sr. No. 11 is concerned, the proceedings before the learned Metropolitan Magistrate, 64 th Court at Esplanade i.e. case being No. 2538/SS/2019, has already been stayed.
12 As far as Sr.Nos. 12 and 13 i.e. transfer applications are concerned, the learned Judge shall defer the hearing of the same, until further orders.
13 Learned Counsel for the petitioner further submits that the respondent No. 4 has been lodging FIRs with different police Rekha Patil 12/14 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 31/05/2023 07:37:10 ::: This Order is modified/corrected by Speaking to Minutes Order dated 09/02/2023 904-wp-1278-2021.odt stations outside the jurisdiction only to harass the petitioner, despite no offences having been committed within the said jurisdictions.
He submits that pursuant thereto, the police have been calling the petitioner and other tenants and harassing the petitioner despite no offence having been committed within their jurisdiction. He submits, that if any such complaint is made by the respondent No.4, liberty is granted to the petitioner to bring the same to the notice of this Court.
14 The grievance of the petitioner is that the respondent No.4 is also preventing the caretakers, staff and family members from visiting the petitioner's residence for work and to meet them.
Considering the said grievance, learned Counsel for the petitioner prays that the petitioner's be permitted to install CCTV Cameras to show that the visitors have been stopped. Learned Counsel for the respondent No.4, on instructions of the respondent No.4, who is present in the Court, submits that he has no objection if the petitioner installs CCTV Camera for the said purpose. Statement accepted.
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16 Stand over to 28th February, 2023.
17 All concerned to act on the authenticated copy of this order.
PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.
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