Nayana Nilesh Jadhav v. State Of Maharashtra And ANR

Digitally signed by VARSHA VIJAY RAJGURU Date:

2023.08.11 10:25:28 +0530 VARSHA VIJAY RAJGURU 1 / 3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1206 OF 2022 Nayana Nilesh Jadhav ... Petitioner vs.

The State of Maharashtra and Ors ... Respondents Mr Mikdad A. Zummerwala, for the Petitioner.

Ms. S.S. Kaushik, A.P.P for the State.

Mr. Jay S. Patil, for the Respondent No. 4.

Mr Dilip Sawant, PSI Bandra police station present. CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATED : 7th AUGUST, 2023 P.C. :- 1.

By this petition, the petitioner seeks the following substantive reliefs:

a) That the Hon'ble Court be pleased to direct the Respondent No.2 to register an offence against the Respondent No.4 under the relevant provisions of the Indian Penal Code, 1860 and/or any other corresponding law and take the complaints dated 02.11.2020 addressed by the Petitioner to the Hon'ble Charity Commissioner, Greater Mumbai Region, Mumbai and the Hon'ble Charity Commissioner, Greater Mumbai Region, Mumbai as

2 / 3 well as the direction communicated by the Respondent No.3 vide the letter/correspondence dated 05.03.2021 bearing reference no. धसआ/ बृ. मु./ 1903/2021 and letter/correspondence dated 09.08.2021 bearing reference no. धसआ/ बृ.मु./ 5514/2021 to its logical end/conclusion.

b) That appropriate inquiry be ordered to be initiated against the officers of the Respondent No.2 and an explanation be sought from the relevant officer of the Respondent No.2 as to the reason for portrayal of laxity and delay in taking action in accordance with law against the Respondent No.4; 2.

Learned APP on instructions states that petitioner had made a complaint to the Charity Commissioner, Greater Mumbai Region, Mumbai, on 2nd November 2020. She submits that the office of the Charity Commissioner, Greater Mumbai Region, Mumbai forwarded the said complaint to the Bandra Police Station on 5th March 2021; and that the police after looking into the said complaint and after conducting a preliminary enquiry have closed the said complaint. She submits that the said complaint was closed on 25th September 2021.

3.

Considering the aforesaid, the petition stands disposed of. 4.

Needless to state, that the petitioner is always at liberty to

3 / 3 file appropriate proceedings, as permissible in law. 5.

We make it clear, that we have not gone into the merits of the petitioner's complaints, as such keep all contentions on merits open.

6.

Parties to act on the authenticated copy of this order. (GAURI GODSE, J.) (REVATI MOHITE DERE, J.)