Bombay High Court
Tushar Madhukar Seth vs The Union Of India Thr. Ministry Of Law & ... on 25 February, 2019
Author: S.B. Shukre
Bench: S.B. Shukre
cwp.986.18 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Criminal Writ Petition No.986 of 2018
Tushar Madhukar Seth & others
vs.
The Union of India, through Ministry of Law & Social Justice, New Delhi & others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
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Shri Amit Khare, Advocate for the Petitioners.
Shri Ulhas Aurangabadkar, ASGI for Respondent No.1.
Shri N.B. Jawade, A.P.P. for Respondent Nos.2 to 4 & 9
Shri F.T. Mirza, Advocate for Respondent Nos.7 & 8.
CORAM : SUNIL B. SHUKRE & S.M. MODAK, JJ.
DATE : 25th FEBRUARY, 2019.
We have heard this petition for some time. It appears that copy of the complaint filed before the concerned Sessions Court has not been filed. It is also seen that there is some judicial order passed by the learned Sessions Judge, which is probably under Section 156(3) of the Code of Criminal Procedure. Copy of this order has also not been filed on record. This order, which appears to be forming the foundation of registration of F.I.R. against the petitioners under various provisions of law including those under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has not been challenged here. If such judicial order exists, we do not think that the legality or otherwise of the action taken by the Investigating Officer in registration of the F.I.R. can be examined by us without examining the legality or otherwise of the order, which forms the basis of the registration of the crime against these petitioners.
Apart from what is noted above, we also find ::: Uploaded on - 28/02/2019 ::: Downloaded on - 21/03/2019 15:08:13 ::: cwp.986.18 2/2 that this petition challenges the vires of the amended provisions of the Atrocities Act.
We have been informed at the bar by Shri Khare, learned Counsel for the petitioners, Shri Aurangabadkar, learned A.S.G.I for respondent No.1 as well as Shri Mirza, learned Counsel for respondent Nos.7 & 8 that the vires of the amended provisions of the Atrocities Act have also been challenged before the other Division Bench of this Court and also the Apex Court. The learned A.S.G.I. for respondent No.1 and learned Counsel for respondent Nos.7 & 8also submit that the vires of the amended provisions are the subject matter of challenge before the Hon'ble Supreme Court.
In view of this factual position, the learned Counsel for the petitioner at this juncture does not press the prayer clauses (i) to (iv).
As these prayers are not pressed, presence of the learned A.S.G.I. before this Court is exempted and the Union of India will not be a necessary party.
Respondent No.1 - Union of India be deleted as party-respondent. Necessary amendment be carried out on or before the next date.
As regards prayer clause (vii), at this juncture, there is a doubt, if there is any contempt committed in this case for the simple reason that the action of the Investigating Officer is based upon and is in compliance with the judicial order, which still holds the field.
Stand over after three weeks.
JUDGE JUDGE
*sandesh
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