LAWS(BOM)-1999-10-84

SURESHCHANDRA MAHABIR PRASAD MANTRI Vs. STATE OF MAHARASHTRA

Decided On October 14, 1999
SURESHCHANDRA MAHABIR PRASAD MANTRI Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THESE two writ petitions can be disposed of by a common judgment and order as they are in the nature of cross writ petitions filed by the respective parties against each other and the question involved also, is the same, in both the petitions.

(2.) THE first petition i. e. Criminal Writ Petition No. 58 of 1993, is filed by petitioner Nos. 1 to 4, praying that the Show Cause Notices dated 21st November, 1992 (Exh. B Collectively annexed to the petition) and proceedings before the concerned authorities in Chapter Case No. 8 of 1992 be quashed and set aside. Chandrarekha Harishchandra Mantri, who is the petitioner in the next petition i. e. Criminal Writ Petition No. 276 of 1993, is joined as respondent No. 2 in this petition. As against this, the petitioner in Writ Petition No. 276 of 1993 is Chandrarekha and she has joined the petitioners in Writ Petition No. 58 of 1993 as respondent Nos. 2 to 5 in Writ Petition No. 276 of 1993 and has prayed that the show cause notice dated 21st November, 1992 and proceedings before the concerned authorities in Chapter Case No. 7 of 1992.

(3.) I have heard Mr. Sabnis, appearing for the petitioners in the first matter, so also the learned Addl. P. P. , appearing for the State. I have also perused the proceedings in both the writ petitions. It appears that some bickerings are going on between the parties and some minor allegations of assault, harassment and damaging kitchen are made by parties against each other. It appears that there are complaints and cross complaints filed by both the parties against each other at Gamdevi Police Station. It is also revealed that the nature of these complaints is trivial and they are recorded as non-cognizable complaints. It is apparent that the relationship between the parties is strained and there appears to be some personal background to this. It appears that these parties are harbouring feeling of vendetta against each other and are taking help of the Police to avenge each other.