SHEETAL DEVANG SHAH Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2020-10-134
HIGH COURT OF BOMBAY
Decided on October 28,2020

Sheetal Devang Shah Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.) We are informed that at 10:57 a.m, the petitioner/applicant, who appears in-person, has sent a leave note. Perused the same. The grounds on which the leave note is filed, are identical to the grounds mentioned in the earlier leave note, with which, we have dealt with in detail in our order dated 14th October 2020.
(2.) This Bench has been specially constituted to hear the aforesaid petition/applications. Since the petitioner/applicant had failed to appear on three earlier occasions and had filed her leave note, on 14th October 2020, we had passed a detailed order. The order dated 14 th October 2020 reads thus: "1. The Petitioner/Applicant has yet again filed her leave note today. This is a third leave note filed by the Petitioner/Applicant, seeking deferment of hearing of the aforesaid petition along with connected applications, for the reasons mentioned in the said leave note dated 14.10.2020. 2. Having regard to the reasons set out in the leave note, we deem it necessary to address the same. 3. Vide administrative order dated 17th July 2020 passed by the Hon'ble the Chief Justice, our bench was constituted to hear the Writ Petition No. 6115 of 2019. On a representation made by the Petitioner/Applicant for urgent hearing of the matters wherein she is party, present petition along with connected applications were also assigned to this bench by the Hon'ble The Chief Justice vide an administrative order dated 28.07.2020. On 04.09.2020 we disposed of the Writ Petition No. 6115 of 2019 and connected applications by a detailed order, after which we commenced the hearing of the present petition along with connected applications on 04.09.2020. The Petitioner/Applicant on the said date submitted that the DGP, Maharashtra State or Chairperson of the Maharashtra State Commission for Women be directed to appear before the Court on the next date having regard to the gravity and seriousness of the allegations made by her in the aforesaid petition. In our order dated 04.09.2020 in Para 6 we have observed thus:- "6. At this stage, we do not think it necessary to pass any such interim orders directing either Mr. Jaiswal, D.G.P. Maharashtra State or the Chairperson of the Maharashtra State Commission for Women, to remain present on the next date." 4. The matter was thereafter listed on 09.09.2020. On 09.09.2020, the Petitioner/Applicant had filed her affidavit which ran into 33 pages with annexures from pages 34 to 51. As the copy of the said affidavit was not served on the office of the Public Prosecutor, we directed the Petitioner/Applicant to serve the copy of the same on the office of the Public Prosecutor on or before 10.09.2020 and the matter was adjourned to 21.09.2020 at 3.00 p.m. 5. On 21.09.2020 the Petitioner/Applicant had filed her leave note. On the said date, the learned APP informed that the office of the Public Prosecutor had not received any affidavit from the Petitioner/Applicant as directed by this Court vide earlier order dated 09.09.2020. In the leave note filed on 21.09.2020, the Petitioner/Applicant had stated that she was engaged in certain commitments in connection with her two children and hence, unable to attend the matters before this Court. Accordingly in view of the leave note we adjourned the aforesaid writ petition along with all connected applications to 30.09.2020, after noting the aforesaid in our order. 6. On 30.09.2020 the Petitioner/Applicant again filed her leave note. In paras 2 to 4 of our order dated 30.09.2020 we have observed as under :- 2. It is pertinent to note, that the Petitioner had sent an email dated 27.07.2020 to the Registry for placing the aforesaid Petition before the Division Bench consisting of Hon'ble Shri Justice S. S. Shinde and Hon'ble Smt. Justice Revati Mohite Dere for urgent hearing. Pursuant to the said representation made by the Petitioner, the Hon'ble the Chief Justice assigned the aforesaid Petition to this Bench, which was already hearing Criminal Writ Petition No. 6115 of 2019, in which the Petitioner was one of the Respondents. It is, therefore, clear that the aforesaid Petition has been placed before this Bench on a representation made by the Petitioner herself to the Registry. As far as, Criminal Writ Petition No. 6115 of 2019 is concerned, the same was disposed of by us, after extensively hearing the parties and by a detailed order dated 04.09.2020. 3. On the last date i. e. on 21.09.2020, the Petitioner had filed a leave note stating therein, that she is engaged in certain commitments in connection with her two children and hence, was unable to attend the matter on 21.09.2020. In view of the leave note sent by the Petitioner, we had adjourned the aforesaid Petition alongwith all connected Interim Applications to 30.09.2020 i. e. today. Even today, the Petitioner has sent a leave note. 4. By way of indulgence, in view of the leave note, we defer the hearing of the aforesaid Petition alongwith all connected Interim Applications to 14.10.2020. 7. The Petitioner/Applicant has again filed her leave note today. In the said leave note dated 14.10.2020 the Petitioner/Applicant has stated that no orders can be passed in any matters in which she is a party, before she is allowed to mention her matters in person before the Hon'ble The Chief Justice and before each of the matters are placed before the Hon'ble The Chief Justice in view of the order dated 28.08.2020 passed by the Hon'ble Supreme Court. She has stated in paras 3 to 7 of her leave note dated 14.10.2020 as under :- "3 Since the matters are grave and involves the racket of generation of fake Judiciary High Court orders, hence the Supreme Court passed the orders that foremostly, I be allowed to mention in person before the Hon'ble Chief Justice of the Bombay High Court. 4 No orders can be passed in any matters in which I am an Intervener/Applicant/Respondent/Petitioner or by any which ways a party to the Proceedings before I am allowed to mention my matters and matter of the racket of Grave crimes of generation of fake Bombay High Court orders to the Hon'ble Chief Justice Shri Datta. 5 The Registrar General Mr. Dige, the Registrar Judicial 1 Mr. Kachare and the Prothonotary Mr. Chandwani have been served with several requests / applications/ precepis/representations for me to mention my matters before the Hon'ble Chief Justice of the Bombay High Court in compliance with the Supreme Court orders conferred upon me. They have told me that the Hon'ble Principal Secretary will be arranging for me to get an appointment with the Hon'ble Justice Shri Datta soon. Hence I request that the Supreme Court orders are complied with in the Bombay High Court and no orders be passed till the Hon'ble Chief Justice hears me foremostly and his orders are foremostly to be passed in each of my matters which will be foremostly heard by the Hon'ble Chief Justice Shri Datta. 6 On the 1st of October 2020, the Hon'ble Chief Justice Shri Datta has told me in the open Court that none of my applications have been put forth before him till date and hence this means that the Supreme Court orders dated 13th of July 2020 and the Supreme Court orders dated 28th of August 2020 have not been complied by the Judicial Officers. 7 Hence, I request that the matters listed today on the 14th of October 2020, they not be heard today and no orders be passed by the Hon'ble Justices as it would amount to contempt against the Supreme Court orders conferred upon me." 8. We are constrained to observe that the grounds on which the leave note dated 14.10.2020 is filed by the Petitioner/Applicant are unsustainable and contrary to the records. It is pertinent to note that the Hon'ble The Chief Justice by an administrative order dated 10.09.2020 dealt with the list of cases submitted by the Petitioner/Applicant to the Registrar General on 03.09.2020 i.e. cases either filed by the Petitioner/Applicant or where the Petitioner/Applicant is a party, and assigned the said matters to the appropriate benches. On 05.10.2020, the Hon'ble The Chief Justice again passed a detailed order on the administrative side pursuant to the three representations dated 05.10.2020 sent by the Petitioner/Applicant to the Hon'ble The Chief Justice. The Hon'ble Chief Justice has, in detail, considered the said representations made by the Petitioner/Applicant and dealt with all the grounds raised by the Petitioner/Applicant in the said representation. Thus, Para 6 of the leave note filed today by the Petitioner/Applicant is mischievous, false and untenable. Even, the contents of Para 7 of the leave note are without any basis and are infact contemptuous. 9. We also note, that the Petitioner/Applicant has gone to the extent of filing a false complaint with police against the Registrar (Judicial-I) Mr. Kachare with regard to our order dated 21.09.2020 alleging that the said order is fake. The Registry has brought to our notice, a complaint filed by the Petitioner/Applicant dated 30.09.2020 addressed to the Senior Police Inspector, Azad Maidan Police Station. In the said compliant, the Petitioner/Applicant has stated that despite her leave note being placed on record, fake judicial orders were still being generated by the Registrar (Judicial-I) Mr. Kachare and Assistant Registrar Mr. S.M. Bhide. She has further stated that despite filing a leave note on 21.09.2020, a fake order has been generated in the name of this Court. She has also annexed our order dated 21.09.2020 which, according to her, is fake. According to the Petitioner/Applicant, this Court has not passed the said order, as she had filed a leave note. We make it clear that the order dated 21.09.2020 was dictated in the Court in the presence of learned APP and the same is not a fake order, as alleged by the Petitioner/Applicant. The Petitioner/Applicant appears to be in the habit of alleging that fake orders are being generated and we have dealt with such allegations previously in our order dated 04.09.2020 passed in Writ Petition No. 6115 of 2019. We therefore, make it clear that the allegations made by the Petitioner/Applicant in her complaint dated 30.09.2020 to the Senior Police Inspector, Azad Maidan Police Station are absolutely baseless and false. We deprecate the same. 10. It appears that, only after this Court passed a detailed order in Criminal Writ Petition No. 6115 of 2019 wherein we have made certain observations about the conduct of the Petitioner/Applicant, that the Petitioner/Applicant is avoiding to appear before this Court, despite this special bench having being constituted and assigned to take up certain petitions/applications filed by the Petitioner/Applicant. The Petitioner/Applicant has time and again requested that her petitions/applications be taken up urgently and decided expeditiously, however, despite the same, the Petitioner/Applicant has been filing leave notes. Precious judicial time is being wasted. In fact, in our order dated 30.09.2020 in Para 2 we have observed that, the Petitioner had sent an e-mail dated 27.07.2020 to the Registry for placing the aforesaid petition before this Court for urgent hearing pursuant to which, the Hon'ble the Chief Justice, by an administrative order, assigned the aforesaid petition to this Bench. 11. This is the third occasion on which a leave note is filed by the Petitioner/Applicant. It appears that, the Petitioner/Applicant is neither interested nor serious in pursuing her aforesaid petition/applications. Hence, list the aforesaid petition along with connected applications under the caption 'For Dismissal' on 28.10.2020. 12. Registry to communicate the order passed today to the Petitioner/Applicant who appears in person."
(3.) As directed vide order dated 14 th October 2020, Registry has communicated the said order to the petitioner/applicant, who appears in- person. Even otherwise, the aforesaid order was available on High Court Official Website.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.