Ashok Banerjee v. State Of Maharashtra And ANR

RVC 44 Wp-727-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 727 OF 2024 Mr. Ashok Banerjee ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Mr. Kushal Mor a/w Mr. Tanmay Karmakar and Mr. Rishab Khot for Petitioner.

Ms. A.A. Takalkar, A.P.P. for Respondent No.1-State. PSI Mr. Dattatray S Raikar, attached to Byculla Police Station, Mumbai, present.

CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 15th APRIL 2024 P.C. :

(1) In pursuance of Order dated 28th March, 2024, Senior Inspector of Police, Byculla Police Station, Mumbai, had deputed Salubai B. Parihar, woman Police Sub-Inspector, attached to Byculla Police Station, Mumbai, to record the statement of Mr. Pinaki Poddar, the corpus herein. The concerned officer had been to Dignity Life Style Foundation, at Neral, District Raigad and has recorded the statement of Mr. Minaki Poddara on 1st April, 2024. A photocopy of the said statement dated 1st April 2024 along with a covering letter dated 15th April, 2024, addressed to Public Prosecutor, High Court, Mumbai, is produced on record. The same are marked as Articles 'A' and 'A-1' for identification.

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RVC 44 Wp-727-2024.doc (2) In his statement dated 1st April, 2024, Mr. Pinaki Poddar has stated that, he is residing at said Dignity Life Style Foundation at his own will. That, intially his wife Smt. Pratima was also residing with him. However, on 15th March, 2024, she went to America. That, his daughter Ms. Maya is residing at America. That, there is no matrimonial discord between him and his wife and so also there is no issue in respect of his health problem. That, he has informed the said fact on mobile phone to the Petitioner. He has further stated that, he is not interested in the Petition filed by the Petitioner before this Court. That, he has no doubt against anybody. (3) In view thereof, the present Petition for Habeas Corpus of Mr. Pinaki Poddar does not survive and is accordingly disposed off. ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) RAJESH VASANT CHITTEWAN Date: 2024.04.30 17:18:18 +0530 RAJESH VASANT CHITTEWAN 2/2