SANJAY SITARAM KHEMKA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner herein is a businessman. He had been carrying on business in the name and style of "JEWELS-9". His business premises is situate at 504-D, Crystal Plaza, New Link Road, Andheri West, Mumbai-400 053. He claims himself to be a manufacturer of jewellery. He claims himself to be an office-bearer of the "Jewellers Association of Greater Andheri". The contention of the petitioner was that respondent Nos. 3 and 4 viz., M.A.K. Sheikh and Avinash Dharmadhikari herein had entered into a criminal conspiracy against him as he had exposed their illegal acts and corrupt practices in the media on behalf of the "JEWELLERS ASSOCIATION OF GREATER ANDHERI" in furtherance whereof they registered five false cases against him during the period 25-9-2003 to 16-10-2003. During the purported investigation of the said cases, the photographs of the petitioner were allegedly published in the media with a news story that he was a harD/- ore criminal Details of the publications in various newspapers are contained in subparagraphs (a) to (g) of the Special Leave Petition.The said articles were said to have been published in different newspapers owneD/- ublished by respondent Nos 6, 7, 8, 9, 10 and 11

(2.) It is his contention that several articles published in different newspapers were false and baseless, the details whereof have been stated in paragraphs 9, 10 and 11 of the Special Leave Petition.

(3.) Legal notices were served for registration of First Information Reports by the petitioner against Respondent Nos. 3 and 4. He had also addressed several letters to high dignitaries including the President of India, the Prime Minister of India, the Chief Justice of India, the Home Minister of India, the Chairman, NHRC and the Chief Justice of the Bombay High Court. He is also said to have sent a fax to the Governor of Maharashtra. Pursuant to and in furtherance of the purported representations made by the petitioner to the Governor of the State of Maharashtra, he was called to the Raj Bhawan and was given a hearing by the ADC of the Governor. However, allegedly, no further action was taken by the said authority. He filed a Criminal Writ Petition questioning the alleged high-handed activities of D.N. Nagar Police and made a request for enquiry into the whole episode by the Central Bureau of Investigation. He filed a Transfer Petition before this Court for transfer of the said writ petition. However, the same was dismissed as withdrawn.