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Tuesday, August 3, 1999

HC allows Arun Bhatia to withdraw two pleas

EXPRESS NEWS SERVICE  
MUMBAI, AUG 2: The Bombay High Court today allowed former Pune municipal commissioner Arun Bhatia to withdraw two petitions after the State Advocate General argued that the Bombay High Court was not the right forum for them, and they should first have been argued in the lower courts.

Bhatia had filed a criminal petition (no 830 of 1999) against former Pune municipal commissioner and current State Chief Secretary Arun Bongirwar and police inspector, Deccan Gymkhana, Ramchandra Khondilkar. Bhatia had contended that the police were slow in making enquiries with regard to his complaint alleging corruption on part of Bongirwar.

Bhatia's complaint referred to Bongirwar's tenure as Pune commissioner in 1984-85 and 1985-86 when the civil courts had passed strictures against him in some road construction contracts that were awarded and subsequently set aside when challenged in the lower courts.

Bhatia's complaint had been filed on June 4, 1999 but since nothing was forthcoming, he had filed the petition. Thepetition came up for hearing before the bench of Justices N J Pandya and S S Parkar when State Advocate General C J Sawant argued against its maintainability.

Sawant argued that Bhatia could file such a complaint before the Pune magistrate, if he was not satisfied with the police. Sawant relied on a similar case in the Bombay High Court where allegations were made against a Goa minister with regard to the acceptance of tenders. The bench had then dismissed the petition on the ground that it was not maintainable.

In another petition (no 909), Bhatia had prayed for the quashing of a non-cognisable offence registered against him by the police inspector, Deccan Gymkhana police station and the subsequent order passed by the Judicial Magistrate, First Class, no 5, Pune that had permitted investigations against him.

According to Bhatia, this happened when inspector Ramchandra Khondilkar came to his house to enquire about the complaint filed against Bongirwar. Bhatia apparently shut the door on him claiming thepolice should be meeting him in his office since he had made the complaint in his capacity as commissioner.

The inspector then went to the Yerwada police station and filed a non-cognisable complaint against him. He later moved the magistrate to seek permission to investigate into Bhatia's action. Heard by the same bench as the earlier petition, Sawant argued that Bhatia should approach the Sessions Court first against the magistrate under Section 155 (2) of the Code of Criminal Procedure. Accordingly, the two petitions were allowed to be withdrawn.

Bhatia, who was in court, was represented by advocate S R Chitnis and Amit Bhaumik.

Pedha's for all

Chief Secretary Arun Bongirwar was a happy man this afternoon. The Indian Administrative Service officer got pedhas disrtibuted at Mantralaya as soon as the news reached his office. It is learnt that the sweets were ordered from a Kalbadevi store. ``I don't think he distributed sweets even after being appointed Chief Secretary,'' quippeda Mantralaya official.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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