CRIMINAL WRIT PETITION NO.902 OF 2014

Criminal writ petition under Articles 226 and 227 of the Constitution challenging administrative order of Chief Justice rejecting sanction to prosecute a Civil Judge and seeking direction to the Disciplinary Committee.

Petitioner sought setting aside administrative order dated 6-1-2012, direction to Disciplinary Committee to decide his complaint within 30 days, and permission to prosecute respondent No.4 along with respondent No.2 under Section 34 IPC if sanction granted.

Petitioner's application for sanction under Section 197 CrPC to prosecute respondent No.2, the Presiding Officer of Special Civil Suit No.40 of 2000, was rejected in a one-sentence order; his review application and reminders went unacted; he alleged that the Presiding Officer passed orders without hearing him and made interpolations in court record.

Administrative order dated 6-1-2012 of Hon'ble Chief Justice, Bombay High Court rejecting sanction; review application dated 31-1-2012 and reminder dated 5-2-2014 not acted upon; submission dated 16-4-2012 of Additional Secretary, Law Department to review also not acted upon.

Whether the administrative order dated 6-1-2012 rejecting sanction under Section 197 CrPC was valid Whether this Court under Article 226 can direct the Disciplinary Committee to decide the petitioner's complaint Whether sanction to prosecute respondent No.2 for alleged judicial misconduct should be granted

The petitioner argued that the Presiding Officer passed order Exh71A without hearing him, that the order was not entered in Roznama, that the order at Exh74 was an interpolation, that his application for hearing was rejected, and that the Chief Justice dismissed his sanction request without proper consideration.

Perused affidavit and document on record. Not even a single document is proved by the Plaintiff, therefore, no documents are marked exhibit. Perused pleadings of both the parties. Heard both the parties. Issue regarding valuation of suit is formed. Yesterday i.e. on 2nd March, 2006 Court has heard arguments of both the parties and suit is posted for judgment on 7th March, 2006. Hence, application is rejected.

Petitioner filed Special Civil Suit No.40 of 2000 against Bank of Maharashtra. On 8-2-2006 and 13-2-2006, the Presiding Officer passed orders Exh71A and Exh74. Petitioner sought hearing and made an application for transfer, but was rejected. He filed a complaint against the Presiding Officer seeking sanction under Section 197 CrPC. On 6-1-2012, the Chief Justice rejected the sanction. Petitioner filed review and reminders but received no action. He then filed the present writ petition in 2014.

• Constitution of India: Articles 226, 227
• Code of Criminal Procedure, 1973: Section 197
• Indian Penal Code, 1860: Section 34
• Code of Civil Procedure, 1908: Section 24
• Indian Evidence Act, 1872: