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Bombay High CourtWP/1003/2014others disposed off

Sudhir Shankar Sable And ORS v. Rohinton Jamshedji Mehta And ORS

2015-01-07Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Ranjit More.3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1407 OF 2014 Rohinton Jamshedji Mehta .. Petitioner v/s.

Shri. Vikram R. Gaud Asst. Police Inspector & Anr.

..Respondents WITH CRIMINAL WRIT PETITION NO. 1001 OF 2014 Pramod R. Panse .. Petitioner v/s.

Rohinton Jamshedji Mehta & Ors.

..Respondents WITH CRIMINAL WRIT PETITION NO. 1002 OF 2014 M/s. Paranjape Scheme (Construction) Ltd.

.. Petitioner v/s.

Rohinton Jamshedji Mehta & Ors.

..Respondents WITH CRIMINAL WRIT PETITION NO. 1003 OF 2014 M/s. Sudhir Shankar Sable & Ors.

.. Petitioners v/s.

Rohinton Jamshedji Mehta & Ors.

..Respondents Mr. Ashok Mundargi, Sr. Counsel a/w Tejas Dande and Bharat Gadhvi for the petitioner in WP 1407/14 Mr. P.B. Kulkarni for the petitioner in WP 1001/14 to 1003/14 Mrs. M.H. Mhatre, APP in WP 1407/14 Mr. F.R. Shaikh, APP in WP 1001/14 to 1003/14

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

DATED : 7th JANUARY, 2015.

P.C.

1.

The Writ Petition No.1407 of 2014 is filed by the original complainant for transfer of investigation and Writ Petition Nos.1001 of 2014, 1002 of 2014 and 1003 of 2014 are filed by the original accused for quashing of the FIR.

2.

Mrs. Mhatre, learned APP on instructions from the concerned officer, makes a statement that after completion of investigation, 'B' summary report is already filed before the concerned Magistrate. Statement is accepted.

3.

In view of the statement of learned APP, the grievance of the petitioners in Writ Petition Nos. 1001 of 2014, 1002 of 2014 and 1003 of 2014, no more survive and the same are accordingly disposed of.

4.

So far Writ Petition No.1407 of 2014 is concerned, the

petitioner is always at liberty to file protest petition before the learned Magistrate and in the event, the learned Magistrate direct further investigation, he can renew his prayer before this Court. Therefore, nothing survives in this petition also and the same is disposed. of.

5.

All the Criminal Writ Petitions, as above, are disposed of. It is expressly made clear that the learned Magistrate shall decide the proposed protest petition of the original complainant, independently on its own merit and without being influenced by this order. ( ANUJA PRABHUDESSAI, J.) ( RANJIT MORE, J.)