Deepa Sachin Sankhe And ANR v. The State Of Maharashtra And ANR

Vishal P 1/2 5-wp-1148-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1148 OF 2018 Deepa Sachin Sankhe and Anr.

...

Petitioners V/s.

State of Maharashtra and Anr.

...

Respondents Mr. Nitin Gangal, for the Petitioners.

Mr. K.V. Saste, APP for Respondent No. 1.

Mr. Manoj Bhatt, for Respondent No. 2.

CORAM :

B. P. DHARMADHIKARI AND REVATI MOHITE DERE, JJ.

DATE :

6th MARCH 2019.

P.C.:

.

Perused the report dated 3rd February, 2019 submitted by the Investigating Officer (Sr.P.I.) to office of Public Prosecutor. Said report dated 3rd February, 2019 is taken on record and marked Exhibit "A". 2.

It shows that students who were made to appear for examination through other college have succeeded in getting degree and therefore are unwilling to state anything which will jeopardize the same. Otherwise facts on record prima facie show substance in contention of Respondent No. 2 - complainant. Because Respondent No. 2 has also

Vishal P 2/2 5-wp-1148-2018.doc been given degree which Petitioner and Respondent No. 2 are jointly requesting for quashing of First Information Report. 3.

We find the request unsustainable. Senior P.I. should have carried out proper investigation including status and nature of activities carried out by the Petitioners presently. 4.

We are therefore refraining from interfering in extra ordinary jurisdiction.

5.

Rejected.

(REVATI MOHITE DERE, J.) (B.P. DHARMADHIKARI, J.)