Case Note & Summary
The petitioner, Bhagwan Chellaram Chellani, filed a criminal writ petition seeking transfer of investigation of C.R.No.214/2009 from Mahim Police Station to another police station and registration of a criminal case against respondent No.4, Inspector Sunil Chandugude, and other police personnel, alleging they were responsible for the death of his mother, Nanki Chellaram Chellani, who was an accused in the said crime. The mother had been released on bail and subsequently died. The petitioner claimed his mother was falsely implicated despite being 84 years old. The court noted that the petitioner's mother had earlier filed Criminal Writ Petition No.3226 of 2009, which was dismissed on 5th February 2010, wherein similar allegations against the police were made and the court had declined to interfere. The present petition was described as another attempt to make false, frivolous, and vexatious allegations against the investigating officers. The court found no merit in the petition and dismissed it, observing that the investigation was still ongoing and the petitioner's grievances had been addressed in the earlier proceedings.
Headnote
A) Criminal Procedure - Transfer of Investigation - Frivolous Petition - The petitioner sought transfer of investigation and registration of criminal case against police officers alleging they caused the death of his mother, an 84-year-old accused. The court dismissed the petition as false, frivolous, and vexatious, noting that the mother had previously filed a similar petition which was dismissed, and that the investigation was ongoing. (Paras 1-3)
Issue of Consideration
Whether the investigation in C.R.No.214/2009 should be transferred to another police station and whether a criminal case should be registered against the investigating officer and other police personnel for alleged responsibility in the death of the accused.
Final Decision
Petition dismissed as false, frivolous, and vexatious.
Law Points
- Frivolous and vexatious petition
- abuse of process of court
- transfer of investigation
- registration of criminal case against police officers
Case Details
2011 LawText (BOM) (03) 152
Criminal Writ Petition No.2795 of 2010
A.M.Khanwilkar, A.R.Joshi
Mr.Mahendra Agvekar i/b Mr.Mandar Limaye for Petitioner, Mr.D.P.Adsule, A.P.P. for State
Bhagwan Chellaram Chellani
The State of Maharashtra, The Commissioner of Police for Mumbai, The Senior Inspector of Police, Mahim Police Station, Inspector Sunil Chandugude
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Nature of Litigation
Criminal writ petition seeking transfer of investigation and registration of criminal case against police officers.
Remedy Sought
Petitioner sought transfer of investigation of C.R.No.214/2009 to another police station and registration of criminal case against respondent No.4 and other police personnel for causing death of his mother.
Filing Reason
Petitioner alleged that his mother, an 84-year-old accused, was falsely implicated and died due to police actions.
Previous Decisions
Petitioner's mother had filed Criminal Writ Petition No.3226 of 2009 which was dismissed on 5th February 2010, with observations that similar allegations were made and the court declined to interfere.
Issues
Whether the investigation should be transferred to another police station?
Whether a criminal case should be registered against the investigating officer and other police personnel?
Submissions/Arguments
Petitioner argued that his mother was falsely implicated and that the police were responsible for her death.
State opposed the petition, stating it was frivolous and vexatious.
Ratio Decidendi
The court held that the petition was another attempt to make false, frivolous, and vexatious allegations against police personnel, and that the mother's earlier petition had been dismissed. No merit was found for transfer of investigation or registration of criminal case.
Judgment Excerpts
This Petition is another attempt to make false, frivolous and vexatious allegations against the police personnel who are investigating into the offence bearing C.R.No.214 of 2009.
Procedural History
The petitioner's mother filed Criminal Writ Petition No.3226 of 2009 which was dismissed on 5th February 2010. The present petition was filed by the son after the mother's death, seeking transfer of investigation and registration of criminal case against police officers.
Acts & Sections
- Indian Penal Code: 420, 465, 467, 468, 470, 120-B
