Case Note & Summary
The petitioner, Sachin Shantaram Sonwane, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay, Bench at Aurangabad. The petitioner sought a writ of mandamus directing respondent No.1 (State of Maharashtra) and respondent No.2 (Superintendent of Police, Ahmednagar) to initiate departmental enquiry against respondent No.3 (Police Inspector B.B. Shinde) and to initiate criminal proceedings against respondent No.4 (Pramod Bhausaheb Labde) in view of NC Complaint No.307/2014 filed by the petitioner before Kopargaon Police Station. The petitioner also sought contempt proceedings against respondent No.3 for failure to comply with directions issued by the Supreme Court in Arnesh Kumar v. State of Bihar. The Court, after hearing the parties, dismissed the petition, holding that a writ of mandamus cannot be issued to direct initiation of departmental enquiry or criminal proceedings based on an NC complaint. The Court observed that the remedy sought was not maintainable under Article 226.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Direction to Initiate Departmental Enquiry and Criminal Proceedings - The petitioner sought a writ of mandamus to direct the State to initiate departmental enquiry against a police officer and criminal proceedings against a politician based on an NC complaint. The Court held that a writ of mandamus cannot be issued to direct initiation of departmental enquiry or criminal proceedings as it is not within the scope of Article 226. (Paras 1-3)
Issue of Consideration
Whether a writ of mandamus can be issued directing the State to initiate departmental enquiry against a police officer and criminal proceedings against a politician based on an NC complaint.
Final Decision
The petition is dismissed. Rule is discharged.
Law Points
- Writ of mandamus
- Departmental enquiry
- Criminal proceedings
- NC complaint
- Article 226 of the Constitution of India
Case Details
2017 LawText (BOM) (11) 22
Criminal Writ Petition No. 198 of 2015
S.S. Shinde, Mangesh S. Patil
V.D. Sapkal h/f Yuvraj S. Choudhari for Petitioner, M.M. Nerlikar for Respondents 1 & 2, Balaji Shinde h/f V.P. Latange for Respondent No.3, S.G. Gorde Patil for Respondent No.5
The State of Maharashtra, The Superintendent of Police, Ahmednagar, B.B. Shinde, Pramod Bhausaheb Labde, Pallavi Sachin Sonwane
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Nature of Litigation
Criminal Writ Petition under Article 226 of the Constitution of India seeking directions to initiate departmental enquiry and criminal proceedings.
Remedy Sought
Petitioner sought a writ of mandamus directing respondents to initiate departmental enquiry against respondent No.3 and criminal proceedings against respondent No.4 based on NC Complaint No.307/2014.
Filing Reason
Petitioner alleged that respondent No.3 failed to register an FIR and comply with Supreme Court directions in Arnesh Kumar v. State of Bihar.
Issues
Whether a writ of mandamus can be issued to direct initiation of departmental enquiry against a police officer?
Whether a writ of mandamus can be issued to direct initiation of criminal proceedings against a politician based on an NC complaint?
Submissions/Arguments
Petitioner argued that respondent No.3 failed to register an FIR and comply with Supreme Court directions.
Respondents opposed the petition, contending that the remedy sought is not maintainable under Article 226.
Ratio Decidendi
A writ of mandamus cannot be issued to direct initiation of departmental enquiry or criminal proceedings based on an NC complaint, as such directions are not within the scope of Article 226 of the Constitution of India.
Judgment Excerpts
The Writ Petition is filed under Article 226 of the Constitution of India with following prayers...
Rule. The Rule is made returnable forthwith. With the consent of both the sides the matter is heard finally.
Procedural History
The petition was filed in 2015, heard on 08 November 2017, and judgment pronounced on 22 November 2017.
Acts & Sections
- Constitution of India: Article 226
