IN THE HIGH
COURT OF JUDICATURE AT BOMBAY
CRIMINAL
APPELLATE JURISDICTION
CRIMINAL
APPLICATION NO 584
of 2011
DIST. :
MUMBAI
In the
matter of section 483 of the criminal procedure code
AND
In the
matter of quashing C.R. No. 31 of 2011,
under section 353, 504, 506 & 188 IPC & section 37 (3) with 134 of the
Mumbai Police Act 1951 registered by Airport police station, against the
applicant
Mumbai
Taximen Sangathan
Mumbai
…….
APPLICANT
Versus
1.
The State of
Maharashtra
Through Public Prosecutor
(At the instance of Airport
Police Station)
2.
The Senior
Inspector of Police,
Airport Police station,
Mumbai 400099
.. RESPONDENTS
HUMBLE
PETITION OF THE
PETITIOINER ABOVENAMED
MOST
RESEPECTFULLY SHWEWTH :
1. The
Applicant is a General Secretary of the MUMBAI TAXIMEN SANGATHAN (REGISTERED). Having office at Unit No. 4, New
Tejpal Industrial Estate, Andheri Kurla Road, Sakinaka, Andheri (E) Mumbai –
400072. The Applicant is permanent resident of Mumbai and residing with his
respective families in Mumbai. The Applicant having his roots in the society.
2. Present
Application is filed by the Applicants being aggrieved by F.I.R dated 23 April
2011 registered vide C.R. No. 31 of 2011 filed with Airport Police station by
one Constable Mr. Anil Somnath Samble for alleged commission of offence under
Section 353, 504, 506 and 188 of the Indian Penal Code. And offence under
Section 37 (3) with 134 of the Mumbai Police Act, 1951. Annexed hereto and
marked as ANNEXURE “A” is the copy
of FIR dated 23rd May 2011. Registered vide C. R. 31 of 2011.
The
Allegations made by constable Anil Somnath Samble in the aforesaid Complaint
are as under
(I)
In the said Crime or the statement of the complainant that due to
the information from the Mumbai Taximen Sangthan police force was deployed
namely Police inspector Dhawale (Acting Senior Police Inspector), Police
Inspector Vartak, Sub Inspector Kadam and PC
no. 050906, 32341,police head constable 12111 & other officers.
(II)
He alleged that all the applicant come to the parking area of the
Black and Yellow Taxi Parking and started given speech and slogans against the
Police and the GVK. He further alleged that the applicants were informed by the
Police under section 149 of the criminal procedure code and the protest are
illegal and even thereafter they ignored the warning.
(III)
The complainant further alleged that the applicant had parked the
taxis in such manner that other taximen are unable to go and thereafter he
directed to call the crane to remove the taxis and traffic Head Constable
Vaikar reach on the spot with crane and
Inspector Dhawale directed to remove the taxis? He further alleged that in
response all the applicants start the slogans and stop to remove the taxis.
Thereafter most of the drivers ran away in panic?
(IV)
The complainant further alleged that thereafter Inspector Dhawale
and other officers were trying to stop the applicants but the applicants were
not ready to listen the said officers? He further alleged that Applicant no 1 and 2 had threatened them “
IDHAR KAISYE DUTY KARTE HO HUM TUMHE DEKH LANGE”
(V)
The complainant further alleged that due to that reason all the applicants had
stop the police to perform their duty and start the slogan GVK murdabad, Police
administration Murdabad and Police administration hai hai?
GROUNDS
(VI)
That the applicant is the office bears of the “MUMBAI TAXIMEN SANGATHAN” registered under the trade union act and
the MTS is registered with the office of the Labor commissioner, Govt of
Maharashtra vide registration no LAC/OFFICE-17/10587 copy of the certificate
issued by the Registrar of Trade Union. Copy of the same certificate is marked
as ANNEXURE
“B”
(VII)
That the applicant states that they were force for the protest by
the illegal, inhuman behave towards taximen, and for their legitimate demands
of the taximen at large by the Mumbai Airport (P) Limited or the GVK.
(VIII)
That the applicant states that he had raised the basic legitimate
demands of the taximen with the MIAL/GVK in writing on 15-03-2011. The copy of
the said letter is annexed as “ANNEXURE
C”.
(IX)
That the applicant states that the applicant was called by the
management of the MIAL/GVK represented by Mr. Chauhan, DGM landside at the 1B
terminal. The applicants further say that they had called off the protest to be
held on 16-04-2011 on the assurance of the MIAL/GVK management that they will
consider the taximen legitimate demand within week and confirm with us.
(X)
That the applicant states that on 25th April 2011, when
the applicant had enquired about further progress of the demands of the taximen
then the MIAL/GVK General Manager Corporate Mr. Shriniwasan threats that the
ACP or the Police are on their payroll and get out from the airport and if we
raise any demand of the taximen then you will be behind the bar…” The applicants further say that we had
informed the Managing Director of the MIAL/GVK under the intimation to the
respondent no 2 and the other senior police officers. The copy of the said
letter dated 25-04-2011 is annexed as “ANNEXURE
D
(XI)
That the applicant states that the applicant had raised the voice
against the Gang of criminals and the security threats to the Mumbai airport
from the Gang of criminal and the same was informed to the top brass of the
state Police including the respondent no 2 and the Director of the MIAL/GVK The
copy of the said letter dated 17-01-2011 is annexed as “ANNEXURE E”.
(XII)
That the applicant states that during the period the respondent no
2 is failed to take any action against the gang of criminals but the applicants
were getting threats from the criminals, who had given threats to the
applicants on the name of the Mr. Naseem Khan, Hon’ble Minister to the
Government of Maharashtra. We further say that the Sangthan had exposed the
link between the Minister and the gang of criminal. The copy of the said
handbill is annexed as “ANNEXURE F” and copy of the complaint dated 25-03-2011 was
also send to the Top brass of the Maharashtra Police annexed as “ANNEXURE G” under the intimation to the whole Maharashtra
government. It is pertinent to note that the said gang is involved in more than
21 crimes of Robbery, Snatching, Cheatings, Thefts and rioting etc.
(XIII)
That the applicant states that they had raised the voice against
the criminals and also informed about the possible clash between the two group
of taximen time to time to the respondent no 2 under the intimation to his top
brass. Copies of the letters are annexed as “ANNEXURE -H” (collectively)
(XIV)
That the applicant states that the gang of criminal are also
running the one small time taximen union on the name and style of Mumbai
Taximen Union and they want to run the prepaid counter of the taxi on the
Domestic airport with the help of Mr. Naseem Khan, Hon’ble Minister and the GVK
official are taking help of this gang of criminal against the taximen at large.
That the applicants states that they had informed about the illegal act of the
GVK/MIAL and conspiracy with the gang of criminal to the Managing director of
the MIAL/GVK under the intimation to the respondent no2 but no action till
date. The copy of the said letter dated 06-05-2011 is annexed as “ANNEXURE I”.
(XV)
That the applicant states that he had given the fresh notice to
the MIAL/GVK on 14-05-2011 about our protest of 23-05-2011 under the intimation
to the respondent no2 but no action has been taken by the respondent no 2
except to serve the 149 notice on 21-05-2011 at the eleventh hours, when our
Sangthan had distributed the handbills and stickers about our protest. The copy
of the said letter dated 14-05-2011 is annexed as “ANNEXURE J”.
(XVI)
That the applicant states that when our sangthan come to know
about the unrest situation at the domestic and international airports due to
the acts of the MIAL/GVK along with their new partner “Gang of Criminals” to
the top brass of the Mumbai Police under the intimation to the respondent no2.
The copy of the said letter dated 15-05-2011 is annexed as “ANNEXURE K”.
(XVII)
That the applicant states that he was called by the Senior Police
Inspector of Sahar Police, for meeting with the Shriniwasan GM Corporate and
Mr. Chauhan DGM landside at his police station over their also we get the
treats from the Senior police Inspector Dilip Patil and both the officers of
the MIAL. That the applicant states that we had also informed about the same to
the Top brass of the Maharashtra and Mumbai police under the intimation to the
respondent no 2 itself. The copy of the said letter dated 21-05-2011 is annexed
as “ANNEXURE L”.
(XVIII)
That the applicant states that the respondent no 2 was indulged to
create the tension between the two group of taximen on the taxi stand with
heavy police bandobast to fail our protest. When we see the intension created
by the respondent no 2 and his goons then we decided to short our protest and
we closed our protest within 30 minutes to avoid any untoward incident. We say
that we had also informed about the act of the respondent no 2 to his superiors
by fax immediately. The copy of the said fax letter dated 23-05-2011 is annexed
as “ANNEXURE M”.
(XIX)
That the Applicant states that the said crime No. 31 of 2011 was
registered by Respondent No. 2 after thought and just to save his skin from the
superiors because the act of Respondent
No. 2 was immediately brought into the notice of his superiors / top brass of
the Mumbai Police.
(XX)
That the Applicant states that the said CR was registered on the
complaint of junior most police constable instead of other senior officers and
Respondent No. 2 himself present on the parking area of the airport.
(XXI)
That the Applicant states that the FIR was registered on 23/5/2011
at 1:20 pm but the same CR was forwarded to the concerned Ld. Railway Mobile
Court, Andheri on 25/5/2011.
(XXII)
That the Applicant states that there is no hurdle or parked any
taxi in a wrong manner neither the crane was trying to remove any taxi from the
parking area.
(XXIII)
That the Applicant states that there is no “GHERAO” by any taximen
OR the applicants of the Respondent No. 2 and his police force.
(XXIV)
That the Applicant states that it is an imagination of the
complainant and Respondent No. 2 that the Applicant had threatened the police
officers in any manner. It is pertinent to note that police had not taken any
action against the applicant or the taximen during the peaceful and democratic
manner of protest organized by Mumbai Taximen Sangathan.
(XXV)
That the Applicant states that there is no nuisance or creating
any problems for a single passenger or drivers by our Sangathan or any of the
Applicants. It is also pertinent to note
that the Respondent No. 2 was trying to create nuisance with the help of so
called union leaders and gang of criminals.
(XXVI)
That the applicant states that we have the photographs and
recording of the entire protest and produce before the court as and when
required. It is also pertinent to note that press/media were also present
their.
(XXVII) That the
Applicant states that in the evening our Sangathan had organized the same
protest on the international airport in a peaceful & democratic manner.
(XXVIII) That the
Applicant states that Respondent No. 2 had lodged this false and fabricated FIR
just to fulfill his ulterior motives.
(XXIX)
The applicant states that he has not filed any other application
either in this Hon’ble court or in any other court (s) in India.
(XXX)
The applicant craves leave this Hon’ble court to add, amend, alter,
delete and / or rescind any of the averments and / or submission mentioned
herein above with the leave of this Hon’ble court.
Under these
facts and circumstances, the applicant therefore, most humbly prays:
(a)
That this
Hon’ble Court may quash C.R. No. 31 of 2011 lodged by Airport Police Station,
(b)
The arrest of the applicant may stay in the
C.R. No. 31 of 2011 registered and investigated by the respondent no 2 till the
pendency of the present application.
(c)
Ad interim
pray (b) may granted
(d)
Any other
further order and / or direction be given as this Hon’ble Court may deem fit
and proper.
Applicant in person
Dated this 10th day of June 2011
Place: Mumbai
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