Suresh Jagubhai Patel @ Sukha Patel v. The Union Of India And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.952 OF 2024 IN CRIMINAL WRIT PETITION NO.1787 OF 2023 Suresh Jagubhai Patel @ Sukha Patel Applicant versus Union of India Respondent Mr.Rajiv Chavan, Senior Advocate, with Ms.Shweta Rathod, Ms.Bharti Bhatt i/by Elixir Legal Services for Applicant. Mr.H.S.Venegavkar, Special P.P for Respondent no.1. Mr.Anand S.Shalgaonkar, APP, for State.

CORAM : PRAKASH D. NAIK AND N.R.BORKAR, JJ.

DATE : 11th March 2024 PC :

1.

This is an application for seeking amendment in Criminal Writ Petition No.1787 of 2023. The schedule of amendment annexed to Interim Application stipulates proposed amendment. 2.

Mr.Chavan, Senior Advocate, submits that averments stipulated in the schedule of amendment are required to be incorporated in the petition which includes subsequent events which had occurred after filing of petition and additional pleadings. 3.

Mr.Venegavkar has objected to the averments in clause 12(i) (b) till 12(i)(m) of schedule of amendment. It is submitted that the facts stated therein are irrelevant for considering the prayer for MANISH SURESHRAO THATTE MANISH SURESHRAO THATTE Date: 2024.03.12 15:36:07 +0530 quashing the FIR. The averments also contain false allegations against the concerned officer.

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Without adjudicating the aspect of truthfulness in the amendment, we permit the Applicant to amend the petition in accordance with schedule of amendment.

5.

Amendment be carried out within one week from today. 6.

It is clarified that grant of amendment should not be construed as acceptance of version of Petitioner reflected in the proposed amendment.

(N.R.BORKAR, J.) (PRAKASH D. NAIK, J.) MST