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Bombay High CourtAPL/150/2018others disposed off

Neeta T. Nariani v. The State Of Maharashtra And ANR

2018-03-16Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 12.150.18 APL ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 150 OF 2018 Neeta T. Nariani .....Applicant V/s.

The State of Maharashtra and another ....Respondents Mr. Sandeep R. Karnik for the Applicant.

Mr. S. R. Shinde APP for the State.

CORAM :

NITIN W. SAMBRE, J.

DATE :

MARCH 16, 2018.

P.C.

It appears that the complaint is filed by Constituted Power of Attorney. As such, against one of the order, the Apex Court on 03/01/2014 observed that complainant may examine himself in view of absence of specific averments in the complaint that the Power of Attorney has personal knowledge. It is also observed that in the wake of Judgment of the Apex Court in the matter of A. C. Narayanan Vs. State of Maharashtra and another [2013 (11) SCALE 360], the complaint shall stand dismissed. It is after this an

2 12.150.18 APL application is filed based on a communication dated 01/11/1999 alleging that false evidence is given which came to be dismissed by the impugned order dated 23/06/2015 by the Metropolitan Magistrate. As such, this application.

Perused the order impugned. Having regard to the fact that prayer made by the petitioner was at pre-mature stage, in my opinion, no interference is warranted. Liberty to the petitioner to move for similar relief at an appropriate stage of the proceedings. Application stands dismissed.

[NITIN W. SAMBRE, J.]