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Bombay High Court

Ak vs State Of Maharashtra And Anr on 1 February, 2023

Author: Prithviraj K. Chavan

Bench: Revati Mohite Dere, Prithviraj K. Chavan

2022:BHC-AS:26758-DB
NISHA SANDEEP
                Digitally signed by NISHA
                SANDEEP CHITNIS
CHITNIS         Date: 2023.02.07 12:01:44
                +0530


                                                                                           14-wp.3062.2022.doc


                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION

                                               CRIMINAL WRIT PETITION NO.3062 OF 2022

                           Akanksha Amol Kelkar                                  ...Petitioner
                                Versus
                           The State of Maharashtra and Ors.                     ...Respondents

                           None for the Petitioner.

                           Mr. J. P. Yagnik, A.P.P for the Respondent Nos.1 & 2 - State.

                           Mr. Viresh Purwant for the Respondent No.3.

                           Mr. Jyotishwar Bhosale a/w Mr. Shantanu Kumar i/b Expert Jurist LLP,
                           for Midday Infomedia Ltd.

                                                              CORAM : REVATI MOHITE DERE &
                                                                      PRITHVIRAJ K. CHAVAN, JJ.

DATE : 1st FEBRUARY 2023 P.C. :

1. Pursuant to our order dated 20th December 2022, the learned APP informs us that the departmental inquiry was conducted as against the concerned officer. He submits that in the inquiry, Assistant Commissioner of Police - Sanjay Patil was found guilty and as such the Inquiry Officer has directed that the compensation awarded by this Court will be recovered from the salary of the said N. S. Chitnis 1/3 ::: Uploaded on - 07/02/2023 ::: Downloaded on - 01/06/2023 20:25:03 ::: 14-wp.3062.2022.doc officer. He submits that the compensation awarded to the child has been recovered from the salary of ACP - Sanjay Patil. He further informs that the petitioner has been paid a sum of Rs.25,000/- as directed by this Court vide order dated 20 th October 2022. Learned APP has tendered a report to that effect. The said report is taken on record.
2. Vide order dated 20th December 2022, Mr. Purwant, learned counsel for the respondent No.3 had brought to our notice an article publised by Mid-Day. He had submitted that the publication of the names of the parties as well as the photographs by Mid-Day was in clear contravention of Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
3. Pursuant thereto, we had issued notice to the scribe of the said article, the Publisher and Editor of Mid-Day, as to why suo-motu action should not be initiated against them. Mr. Bhosale, has appeared before us on behalf of the said scribe of the said article, the N. S. Chitnis 2/3 ::: Uploaded on - 07/02/2023 ::: Downloaded on - 01/06/2023 20:25:03 ::: 14-wp.3062.2022.doc Publisher and Editor of Mid-Day, pursuant to the said notice. He seeks two weeks time to file an affidavit of the scribe of the said article, the Publisher and Editor of Mid-Day.
4. At his request, stand over to 15th February 2023. To be listed on the Supplementary Board.

PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.

N. S. Chitnis 3/3 ::: Uploaded on - 07/02/2023 ::: Downloaded on - 01/06/2023 20:25:03 :::