Manish Khandelwal vs. Maharashtra State Police Complaint Authority

ITEM NO.5

COURT NO.16

SECTION II-A

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Criminal Appeal No.5384/2024

MANISH KHANDELWAL

Appellant

VERSUS

MAHARASHTRA STATE POLICE COMPLAINT AUTHORITY & ORS.

[TO BE TAKEN UP AT 12.00 NOON] (With I.A. No.162101/2023-EXEMPTION FROM FILING 0.T., $I.A.$ No.162099/2023-PERMISSION TO FILE LENGTHY LIST OF DATES, I.A. No.162096/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS /ANNEXURES, I.A. No. 162098/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and I.A. No. 191265/2023-CONDONATION OF DELAY IN FILING THE SPARE COPIES)

Date: 19-12-2024 This appeal was called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

For Appellant(s)	Mr. Bhavesh Parmar, Adv.<br>Mr. Rahul Gaikwad, Adv.<br>Mr. Anandh K., Adv.<br>Ms. Reshma Nair, Adv.<br>Ms. Nishita Jagetia, Adv.<br>Ms. Iyer Shruti Gopal, AOR
	For Respondent(s) Mr. Bharat Bagla, Adv.<br>Mr. Siddharth Dharmadhikari, Adv.<br>Mr. Aaditya Aniruddha Pande, AOR
	Mr. Madhav Khurana, Sr. Adv.<br>Mr. Dharav Shah, Adv.<br>Mr. Suyash Goverdhan, Adv.<br>Ms. Sanjivani Pattjoshi, Adv.<br>Mr. Pranaya Goyal, AOR

Mr. Faisal Sayyed, Adv. Mr. Nagarkatti Kartik Uday, AOR

Respondents

UPON hearing the counsel the Court made the following O R D E R

1. Although we had recorded in our earlier order dated 12th December, 2024 that an endeavour would be made to dispose of the appeal with a direction on the Maharashtra State Police Complaint Authority1 to look into the complaint of the appellant dated 14th August, 2020, we are informed by Mr. Bharat Bagla, learned counsel appearing today for the Authority that the appellant's complaint dated 14th August, 2020 was considered and disposed of by it on 22nd October, 2020 and the same was formally communicated to him by a letter dated 24th February, 2021.

2. Mr. Bhavesh Parmar, learned counsel appearing for the appellant submits that the appellant did not receive any letter from the Authority and that it was only upon his invocation of the machinery under the Right to Information Act, 2005 that he was informed of such letter dated 24th February, 2021 as late as on 24th April, 2024.

3. In view thereof, we require the Authority to file a counter affidavit bringing on record documentary evidence to prove the submission which has been advanced on its behalf by Mr. Bagla as regards communication of the order well as the order of the Authority dismissing the appellant's complaint.

4. Counter affidavit be filed by the Authority by 10th January, 2025.

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• 5. Rejoinder thereto, if any, be filed by 17th January, 2025.
• 6. List the appeal in the week commencing 20th January, 2025.

COURT MASTER (SH) COURT MASTER (NSH)

(RASHMI DHYANI PANT) (SUDHIR KUMAR SHARMA)