Mangilal S/O. Ratanlal Agarwal v. The State Of Maharashtra

905 wp 872.17.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 872 OF 2017 Mr. Mangilal S/o. Ratanlal Agarwal ....Petitioner versus The State of Maharashtra through Inspector Incharge, Kasturba Marg Police Station ....Respondents Mr. Ashok M. Saraogi, advocate for the petitioner. Ms. S. D. Shinde, APP for the State.

CORAM : RANJIT MORE & SMT.ANUJA PRABHUDESSAI, JJ.

DATE : 11th APRIL, 2017.

P. C. :

Heard Mr. Saraogi, learned counsel for the petitioner and Ms. Shinde, learned APP for the State.

2.

The petition is filed seeking direction to the respondents to forthwith take cognizance and register FIR in respect of the petitioner's complaint dated 8th June, 2016. We have perused the said complaint and it refers to the incident dated 22nd May, 2016. In respect of this incident, the police has already recorded NC Complaint on 27th May, 2016, a copy of which is annexed at "Exhibit A", page 8 to the petition. Despite this, the petitioner filed a fresh complaint dated 8th June, 2016, apprehending Shubhada S Kadam 1/2

905 wp 872.17.doc that Police will lodge NC complaint. By a communication dated 30th January, 2017, the Police have informed the petitioner that already NC complaint is registered on 27th May, 2016, in respect of the abuse given to the petitioner by one Jagdish, and still, if the petitioner has any grievance, he can approach the concerned Magistrate. 3.

This petition, in our opinion, is an abuse of the process of law and, therefore, we are not inclined to entertain the same. The petition is, accordingly, dismissed.

(SMT. ANUJA PRABHUDESSAI, J.) i [RANJIT MORE, J.] Shubhada S Kadam 2/2