KALPANA SAROJ SHUKLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The facts disclosed by this petition should shock conscience of any citizen. For a more sensitive citizen it may even lead to loss of faith in the police machinery. The petition essentially seeks further investigation into the complaint being C.C. No.2402304/PW/2009 pending on the file of Metropolitan Magistrate, 24 th Court, Borivali. The petitioner, who is the victim of the incident alleged in the complaint, had filed an application before the learned Magistrate seeking further investigation under Section 173(8) Code of Criminal Procedure. That application was dismissed by the order dated 15 th June, 2010. Hence, the present petition.

(2.) One more relief sought by way of amendment of the petition is for institution of criminal proceedings against respondents no.2 to 5 for the offences punishable under Sections 182, 211 and 218 read with Section 34 Indian Penal Code. Mrs. Ingale, the learned counsel for the petitioner has, however, restricted the petition to the direction for further inquiry stating that she will file appropriate separate proceedings for the reliefs sought against respondents no. 2 to 5 who have been impleaded to the petition by amendment.

(3.) The facts alleged in the petition are as follows : The petitioner is a student of law. She is also involved in the business of fashion designing carried on from Gala No.2 Ambewadi, near Gurudwara, Peddar Road, Malad in the name and style of 'Dani Enterprises'. On 11 th May, 2009 the petitioner had alerted Mr. Shelar, officer from Anti-Narcotic Cell that one Noorjahan Sayed Gani, a resident of the same locality was involved in selling Narcotic substances. Based on the information, raid was conducted by Narcotic Drugs and Psychotropic Substances Cell (for short referred to as "NDPS Cell"). On the next day i.e. on 12 th May, 2010 Noorjahan and her daughter Nasreen accosted the petitioner and threatened her with dire consequences for complaining to the NDPS Cell, Mumbai. Both also threatened to implicate her in a false case and ruin her life. The petitioner, therefore, immediately lodged a complaint dated 13 th May, 2009 in writing with the Commissioner of Police, Crawford Market, Senior Police Inspector, Dindoshi Police Station and Senior Police Inspector Anti-Narcotic Cell.