Bombay High Court Weekly Round-Up: February 19 - February 25, 2024

Nominal Index [Citation 92 - 105]Bachpan Bachao Andolan and Anr. v. State of Maharashtra and Ors. 2024 LiveLaw (Bom) 92Sagar D. Meghe v. State of Maharashtra 2024 LiveLaw (Bom) 93Chanda Kochhar v. Central Bureau of Investigation 2024 LiveLaw (Bom) 94Gokulnath Raghu Shetty v. Central Bureau of Investigation 2024 LiveLaw (Bom) 95Mira Bhavin Mehta v. Income Tax Officer 2024 LiveLaw (Bom) 96Ashwini Sanjay Kale and Ors v. State of Maharashtra 2024 LiveLaw (Bom) 97Principal Commissioner of Income Tax v. Videocon Industries Ltd. & Anr. 2024 LiveLaw (Bom) 98Dr. Ramnath Govind Kadam and Ors. v. Mangal Bhausaheb Kadam and Ors. 2024 LiveLaw (Bom) 99Rabo Bank v. State Bank of India 2024 LiveLaw (Bom) 100Showik Indrajit Chakraborty v. Addl. Superintendent of Police 2024 LiveLaw (Bom) 101M/s. Jagruti Foundation, Pune v. State of Maharashtra and Ors. 2024 LiveLaw (Bom) 102Jijaba Dashrath Shinde v. State of Maharashtra 2024 LiveLaw (Bom) 103Rahul S/o Dhondiram Meshram v. State of Maharashtra and Ors. 2024 LiveLaw (Bom) 104Prashant @ Sonya Ramesh Sabale v. State of Maharashtra and Anr. 2024 LiveLaw (Bom) 105Reports/JudgmentsApathy Towards Child Protection Can Perpetuate Cycles Of Abuse: Bombay High Court Orders State To Fill Vacancies In Child Welfare InstitutionsCase Title: Bachpan Bachao Andolan and Anr. v. State of Maharashtra and Ors.Citation: 2024 LiveLaw (Bom) 92Warning that neglect in safeguarding the rights and well-being of children could perpetuate cycles of abuse and hinder educational opportunities, the Bombay High Court directed the State government to fill vacancies in various child welfare institutions within three months. This includes posts in the Maharashtra State Commission for Protection of Child Rights, State Child Protection Society, District Child Protection Units, Juvenile Justice Board, Child Welfare Committees, and District Protection Officers and Probation Officers.A division bench of Justice Nitin Jamdar and Justice MM Sathaye issued a set of directions to address the deficiencies in child welfare institutions across Maharashtra observing –“All these shortfalls pose a serious threat to the well-being of children, undermining their rights and leaving them vulnerable to exploitation and neglect. The lives of countless children are at stake and apathy towards child protection can perpetuate cycles of abuse, hinder educational opportunities, and jeopardize the overall well-being of the future generation. Thus urgent action is required to rectify the deficiencies in the implementation of child protection measures in Maharashtra.”Bombay HC Quashes Case Against Ex-MLC Over Rs 4.75 Lakh Cash Found In Car During 2014 Election Campaign, Criticizes Police For 'Uncalled Report'Case Title: Sagar D. Meghe v. State of MaharashtraCitation: 2024 LiveLaw (Bom) 93The Nagpur bench of Bombay High Court quashed a criminal case registered against former MLC Sagar Meghe after Rs. 4.75 lakh cash was found in a vehicle during his campaign for the 2014 parliamentary election.A division bench of Justice Vinay Joshi and Justice Vrushali V Joshi allowed Meghe's application for quashing of the charge-sheet against him for offences under Sections 171-H (Illegal payments in connection with an election) and 188 (disobedience to order duly promulgated by public servant) of IPC, and Section 123 of the Representation of the People Act, 1950.“the learned Counsel for the applicant has produced a copy of Government of India Notification dated 28.02.2014 to impress that for contesting election for parliamentary constituency, the maximum limit for election expenses in the State of Maharashtra is of Rs.70 lakhs. In that context, mere finding of cash amount to the tune of Rs.4.75 lakh cannot be construed as an offence under either of the statute. It is also submitted that there is no declaration that said vehicle was used for election campaign”, the court observed.The court criticized the careless attitude of the police in invoking Sections against Meghe that do not apply at all and emphasized the importance of verifying charge-sheets before filing them in court.Exercise Of The Right To Remain Silent Cannot Be Equated With Non-Cooperation: Bombay High CourtCase Title: Chanda Kochhar v. Central Bureau of InvestigationCitation: 2024 LiveLaw (Bom) 94In a detailed order declaring the arrest of former ICICI bank CEO and MD Chanda Kochhar and her husband Deepak Kochhar by CBI “illegal,” the Bombay High Court called the investigating agencies acts an “abuse of power.”The division bench of Justices Anuja Parbhudessai and NR Borkar observed: “Such routine arrest without application of mind and due regard to the law amounts to an abuse of power and does not satisfy the requirement of Section 41A(3) CrPC.”The bench agreed with the observations of the coordinate bench while granting them interim bail. It opined that the involvement of bank official in the conspiracy was not discovered during the course of investigation but was known to the agency at...

Bombay High Court Weekly Round-Up: February 19 - February 25, 2024

Amisha Shrivastava

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