Bhalchandra Kashinath Londhe v. The State Of Maharashtra And ORS

902 wp 291.17.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 291 OF 2017 Shri Bhalchandra Kashinath Londhe ..Petitioner

Versus

The State of Maharashtra and ors.

..Respondents Mr. P. B. Shah i/b. Mr. K. P.Shah, advocate for the petitioner. Mr. J. P. Yagnik, APP for the State.

CORAM : RANJIT MORE, DR. SHALINI PHANSALKARJOSHI, J J.

DATE : 7th FEBRUARY, 2017.

P. C. :

The petitioner by filing this petition is seeking direction to respondent Nos. 1 to 3 to forthwith register FIR against respondent Nos. 4 to 9 on the basis of his complaint dated 13th February, 2016. Directions are also sought to respondent No.1 to handover the investigation to the CBI after registration of the said FIR. 2.

We have gone into the petitioner's said complaint dated 13th February, 2016, which is annexed at Exhibit -J, page 35. The allegations made therein are about threat to the petitioner and his son. Mr. Yagnik, learned APP, on instructions, stated that appropriate action of the said complaint could not be taken as the petitioner has not approached the Police Station. This statement is of course denied by Mr. Shah, learned counsel for the petitioner. Shubhada S Kadam 1/2

902 wp 291.17.doc 3.

In the above circumstances, we dispose of the petition by directing the Senior Inspector of Valive Police Station, Taluka Vasai, District Palghar to look into the petitioner's said complaint and make preliminary enquiry and take appropriate decision and communicate the same to the petitioner within seven days from the date of receipt of this order. The petitioner is also directed to approach the Police Officer of the said Police Station in order to enable him to undertake the enquiry.

4.

In the light of above order, the petition is disposed of. (DR. SHALINI PHANSALKAR-JOSHI) [RANJIT MORE, J.] Shubhada S Kadam 2/2