Pankaj Bhatnagar v. Dwarkanath Namdeo Patil And ORS

27-WP-738-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 738 OF 2018 Pankaj Bhatnagar

...Petitioner

Versus

Dwarkanath Namdeo Patil And Ors.

...Respondents

....

Mr. Manoj Khatri a/w Mr. Arnab Ghosh, Advocate for the Petitioner. Mr. Wasim Samlewale i/by Mr. Ashish Giri, for Respondent Nos. 1 & 2. Mr. Arfan Sait, APP for the Respondent - State. Mr. Dwarkanath Patil, Respondent No.1 present in person. ....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

19th JANUARY, 2024.

P.C.

:

1.

The Petitioner has challenged the order issuing process dated 18th April 2017 passed by the learned J.M.F.C., Alibaug in Criminal M.A. No.159 of 2015 for offences punishable under Sections 112, 119, 120-B, 418, 420 465, 466, 468, 471, 475 r/w Section 34 of Indian Penal Code.

2.

Learned Advocates for the applicant and Respondent submitted that the Respondents have no objection for quashing the order issuing process against the Petitioner. It is submitted that the Petitioner was working as Port Officer. The complainant however Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2024.01.20 18:26:54 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

27-WP-738-2018.doc intends to proceed against the other accused. The Respondent No.1 is present in the Court.

3.

Considering the aforesaid circumstances, the impugned order issuing process against the Petitioner/accused No.3 dated 18th April 2017 passed by the learned J.M.F.C. Alibaug in R.C.C. No.70 of 2017 is quashed and set aside.

4.

Writ Petition stands disposed of.

(PRAKASH D. NAIK, J.) Sajakali Jamadar