LAWS(BOM)-2006-10-181

KAMAL MANSUKHANI Vs. STATE OF MAHARASHTRA

Decided On October 04, 2006
Kamal Mansukhani Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THIS petition was directed to be heard along with Writ Petition No.1281 of 1994. The challenge in this petition is to an action initiated by respondents on 16th July 2002, seizing the equipment from the Video Parlour as also proceeding to arrest, after investigations in F.I.R. 478 of 2002. The entire prosecution culminating in filing of a complaint before Metropolitan Court at Bandra is sought to be quashed in this petition.

(2.) PETITION was admitted and interim relief was also granted. It appears that there was group of matters and somewhat similar controversy was involved therein. In Writ Petition No.1165 of 2002, additional affidavit has been filed by Police Sub-Inspector, Shahu Nagar Police Station, Dharavi. The matter was sought to be argued on merits before me when it was listed for hearing and final disposal.

(3.) UPON this statement of Mr.Kotval, I had directed learned A.P.P. to take instructions and place on affidavit true position with regard to availability record. Affidavit has been filed in Writ Petition No.1165 of 2002 in which following statement is made by the Senior P.I. Shahunagar Police Station:-