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Bombay High CourtWP/864/2018others disposed off

Ajay Sunil Dote And ANR v. State Of Maharashtra And ANR

2018-04-03Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice R.M. Savant.2 pages

1 / 2 911-WP-864-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.864 OF 2018 Ajay Sunil Dote & Anr.

.... Petitioners versus The State of Maharashtra & Anr.

... Respondents .......

• Ms.Anjali Awasthi, Advocate for the Petitioners. • Mr.F.R. Shaikh, APP for the State/Respondent. CORAM : R. M. SAVANT & SARANG V. KOTWAL, JJ.

DATE : 03rd APRIL, 2018.

P.C. :

1.

The above Writ Petition has been filed for a direction to the Investigating Officer to consider the CCTV footage supplied by the Petitioners and to file a report on the same. The above Petition was accordingly adjourned on the last date for the said purpose. Today the learned APP Mr.F.R. Shaikh tenders for our perusal the report dated 03/04/2018 of the Investigating Officer Ravindra Howale, PI Shivaji Nagar Police Station, Govandi, Mumbai.

Nesarikar

2 / 2 911-WP-864-18.odt 2.

A perusal of the said report prima facie indicates that the Petitioners herein were part of an unlawful assembly, as also the Petitioners' complicity in the offences, which have been alleged in the FIR, is seen. In view thereof, we do not deem it appropriate to exercise our writ jurisdiction having regard to the facts of the present case. The Writ Petition is accordingly dismissed. The report dated 03/04/2018 is taken on record and marked 'X' for identification.

(SARANG V. KOTWAL, J.) (R. M. SAVANT, J.)