The Comedy Store Limited v. The State Of Maharashtra

rpa 1/2 wp-600-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PEITION NO.600 OF 2016 The Comedy Store Ltd.

.. Petitioner Vs.

State of Maharashtra & Anr.

.. Respondents ......

Mr. Girish Kulkarni, Mr. Aditya Mithe a/w. Mr. Dhiraj Mhetre and Ms. Zaibaa Thingna i/b. M/s. Khaitan Legal Associate, Advocate for the Petitioner.

Mr. D.P. Adsule, APP for the Respondent - State. ......

CORAM : NARESH H. PATIL AND PRAKASH D. NAIK, JJ.

DATED :

JULY 13, 2016.

P.C. :

The grievance of the petitioner is that though a complaint was addressed to the Additional Commissioner of Police, EOW, Mumbai dated 19th October, 2012, there has been no communication received by the petitioner from the respondent in respect of the decision taken by the concerned authority of the State. Learned APP on instructions submits that more information was sought for by the agency from the petitioner by communication dated 26th March, 2013, addressed by the Senior Inspector, EOW, Unit - II. Learned APP on instructions submits

rpa 2/2 wp-600-16.doc that thereafter petitioner did not approach the agency. A note was put up by the Senior Police Inspector in this regard for closure of the file with an option to reopen it in case the complainant approaches the agency with relevant documents. Original file is produced. Such an endorsement is reflected in the file made by the Senior Inspector on 28th March, 2013. A note was placed for sanction of the Additional C.P., EOW. The Additional C.P. EOW permitted closure of file by making endorsement on 1st April, 2013.

Learned APP on instructions submits that even now the petitioner is entitled to approach the agency with relevant materials. In case they approach, the investigating agency would look into the matter. Learned counsel appearing for petitioner submits that within two weeks from today, authorized representative of the petitioner would approach the investigating agency and would extend co-operation.

The Writ Petition is disposed of.

(PRAKASH D. NAIK, J.) (NARESH H. PATIL, J.)