Munir Mohd. Ahmad Khan v. The State Of Maharashtra And ORS

5 wp 1034-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1034 OF 2014 Mr.Munir Mohd. Ahmad Khan ..Petitioner v/s.

The State of Maharashtra & Ors.

..Respondents Mr. Niranjan Mundargi for the Petitioner.

Mr.S.K.Shinde, PP a/w. Mr. J.P.Yagnik APP for the Respondent/State. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : JANUARY 06, 2015.

P.C.

1.

Heard Mr. Mundargi learned Counsel for the petitioner and Mr. Shinde, learned Public Prosecutor for the State. The petition is filed for quashing the FIR No.69/2014 registered with the Versova Police Station at the instance of the respondent no.2. Said FIR is registered under the provisions of Section 3(d) along with Serial no.3, 6, 9, 10, 11,15,17, 20, 22, 26, 27, 43, 50 and 51 of the Schedule; Section 4 of the Drug & Magic Remedies (Objectionable Advertisements) Actm 1954; under Section 33 and 36 of Medical Practitioners Act, 1961 pps

5 wp 1034-14.doc and under Section 419, 420, 465, 467, 468 and 471 of the Indian Penal Code.

2.

We have gone through the FIR and found that some does disclose commission of offences under the Drug & Magic Remedies (Objectionable Advertisement) Act, 1954. Mr. Mundargi, learned Counsel for the petitioner submits that there are no allegations regarding commission of an offence under IPC against the petitioner. Mr. Shinde, learned Public Prosecutor, in this regard submits that the investigation is in progress and the Investigating Officer is in process of recording the statement of the concerned witnesses. He further submits that after completion of the investigation, appropriate report would be filed before the concerned Magistrate, within a period of two months from today.

3.

In the above circumstances, we are not inclined to interfere in the petition and the same is accordingly disposed of. 4.

The observations made herein above are prima facie in nature and shall not be construed as expression of anything on merits. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) pps