Anil S/O Eknath Vilankar v. The State Of Maharashtra

Osk 1-Wp-827-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 827 OF 2021 Anil Eknath Vilankar ... Petitioner V/s.

The State of Maharashtra ... Respondent Mr.Sushil Upadhyay i/b. Mr. Ashok M. Saraogi for Petitioner. Ms.S.D. Shinde, A.P.P. for Respondent-State.

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

DATE : 28th February 2023.

P.C. :

1.

Present Petition under Article 226 of the Constitution of India is filed for lodgment of crime on the basis of complaints dated 20th September 2019 and 25th January 2021 submitted by the Petitioner with Dadar Police Station, Mumbai, on which cognizance has not been taken by the concerned Police Authorities.

2.

It it the settled position of law and as has been reiterated by the Hon'ble Supreme Court 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 thereof, learned counsel for Petitioner on instructions seeks leave to withdraw present Petition with liberty to file a private 1/2

Osk 1-Wp-827-2021.odt complaint, if so advised and as may be permissible under the provisions of law.

Leave and liberty granted.

4.

Petition is disposed of as withdrawn with aforesaid liberty. [ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date: 2023.03.02 12:32:59 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2