Rajkumar Krishanchand Bawa @ Sharma And ANR v. The State Of Maharashtra And ANR

rsk 1/2 59-WP-429-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.429 OF 2020 Rajkumar Krishanchand Bawa @ Sharma and Anr.

...Petitioners

vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr.Akhilesh Singh for the Petitioners.

Mr.Krishnanand Mishra for Respondent No.2.

Mr. S. R. Shinde, APP for the Respondent/State. ---- CORAM : B. P. DHARMADHIKARI, ACTING CHIEF JUSTICE & N. R. BORKAR, J.

DATE : 3/3/2020.

P.C.:

.

Petitioners are present with their advocates. Respondent No.2 is present with her advocate.

2.

Learned APP appears for the State. He has objection to any intervention by this Court.

3.

We have perused the report on the basis of which offence under section 420, 406, 354, 506, 509 read with 34 of IPC and sections 33 and 36 of the Indian Medical Practitioners Act, 1961 is registered. 4.

Parties orally also request for setting aside of the same as they are neighbours and wish to continue to have cordial relations. 5.

Learned APP has invited our attention to statement made on

rsk 2/2 59-WP-429-20.doc affidavit by respondent No.2 that contents of FIR were never explained to her. Thus she is disowning the statement.

6.

We have heard respective learned counsel. Taking over all view of the matter, we are inclined to intervene in extraordinary jurisdiction. However, as public time and money has been lost, we direct the parties to pay amount of Rs.20,000/- each to respondent No.1 State that is Police Welfare Fund of the State of Maharashtra within a period of 4 weeks from today.

7.

Subject to said payment, we make Rule absolute in terms of prayer clause (a).

(N. R. BORKAR, J.) (ACTING CHIEF JUSTICE)