Sarita Purshottam Khanchandani And ANR. v. State Of Maharashtra

DAE 3-WP-476-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 476 OF 2022 Sarita Purshottam Khanchandani And Anr.

...Petitioners

Versus

The State Of Maharashtra

...Respondent

Mr. Siddhesh Pilankar i/by Dr. Uday P. Warunjikar Advocate for Petitioner.

Mrs. S. D. Shinde, APP for Respondent-State.

CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 18th JANUARY, 2023.

by DNYANESHWAR ASHOK ETHAPE Date: 2023.01.23 13:41:48 +0530 DNYANESHWAR ASHOK ETHAPE P.C.:- .

By the present Petition, the Petitioner is seeking direction for registration of Crime on the basis of e-mail sent by her to the Municipal Corporation Ulhasnagar against certain persons. Petitioner has a substantive alternate remedy by way of filing a private complaint. 2.

It is the settled principle of law and as has been reiterated by Supreme Court, in its decision in the case of M. Subramaniam & Anr. Vs. S. Janaki & Anr. reported in (2020) 16 SCC 728 that, Petition under Article 226 of the Constitution of India for lodgment of crime is not maintainable. 3.

In view of the above, learned Advocate for the Petitioner seeks leave to withdraw present Petition with liberty to file a private complaint if so advised and as may be permissible under the provisions of law. 1/2

DAE 3-WP-476-2022.doc Leave and liberty granted.

4.

Petition is disposed off as withdrawn with aforesaid liberty. (PRAKASH D. NAIK, J.) (A. S. GADKARI, J.) 2/2