Sanjay Joshi v. The State Of Maharashtra And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 84 OF 2019 Sanjay Joshi ... Petitioner V/s.

The State of Maharashtra and ors.

... Respondents ---------------- Mr. A.R. Gole for the Petitioner.

Dr. F.R. Shaikh, APP for the Respondents - State.

CORAM

:

B.P. DHARMADHIKARI & N.R. BORKAR, JJ.

DATE :

JANUARY 31, 2020.

P.C.

1] Perused the letter dated 5th June 2018 and 13th June 2018.

2] The petitioner had then apprehended threat to his life. The petitioner also stated that either petitioner or his friends may be at risk.

3] The contention is that no cognizance of that request has been taken.

4] This Court has today disposed of Criminal Writ Petition No. 86 of 2019. Learned counsel submits that the petitioner Amit therein happens to be friend of the present petitioner 1/3

and respondent No.3 therein is also his friend. The said respondent No.3 Javed Ansari had also expressed similar apprehension. That apprehension came true when their friend Amit was involved in false ofence. It is highlighted that this position was disclosed to police even before the alleged confession statement made by Kailas Wagh.

5] We have taken note of these events in the order passed today in Criminal Writ Petition No. 86 of 2019. 6] Learned APP has submitted that the petitioner has expressed doubt against one Israr Khan, but never appeared before Investigating Ofcer though intimation was given to him. It is also submitted that some civil litigation is going on between the parties and hence, without appropriate verification, the Investigating Ofcer cannot proceed further. 7] In this situation, we find that the interest of justice can be met by directing the petitioner to appear before Investigating Ofcer on 10th February 2020 at 11.30 a.m. in the concerned police station and to cooperate with him. 2/3

8] Keeping all grievances of the petitioner open and with liberty to the petitioner to raise the same again, if any cause therefor arises, we dispose of the present petition. (N.R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) 3/3