Suvarna Abasaheb Patil v. The State Of Maharashtra And ORS.

BHAGYAWANT TATYARAO PUNDE 1/2 20-WP-2984-2021.doc BHAGYAWANT TATYARAO PUNDE Date: 2021.09.28 10:10:58 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2984 OF 2021 Suvarna Abasaheb Patil

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

...

Mr. Manoj Vishwakarma i/by. MKU Juris for Petitioner. Mr. J.P. Yagnik, APP for State.

...

CORAM : S. S. SHINDE & N. J. JAMADAR, JJ.

DATE : 27th SEPTEMBER, 2021.

P.C.:

1.

This petition is fled with following substantive prayers: b) Issue writ of certiorari or any other writ order or direction in the nature of certiorari for declaration of death of the Respondent No. 3 i.e.

Abasaheb Dattatray, in the respect of a missing complaint with the Agripada Police station was registered under adult person missing register serial no. 31/1999 dated 23.06.1999, register with daily sr.no. 15/1999.

c) Issue direction to the respondent No. 2 to issue death certifcate of the Respondent No. 3 i.e. Abasaheb Dattatray, in the respect of a missing complaint with the Agripada Police station was registered under adult person missing serial no. 31/1999 Bhagyawant Punde

2/2 20-WP-2984-2021.doc dated 23.06.1999, register with daily sr. no. 15/1999.

2.

Upon perusal of aforesaid prayers and reliefs claimed by the petitioner, we are of the opinion that the petitioner can fle/institute suit for said reliefs claimed in this petition. Hence, the petition is disposed of, with liberty to the petitioner to avail of an appropriate remedy by way of fling suit before the concerned court. 3.

In case petitioner is advised to fle the suit and if there is delay in instituting the suit, the concerned Court shall keep in view the time spent by the petitioner in prosecuting present petition before this Court.

( N. J. JAMADAR, J.) (S. S. SHINDE, J.) Bhagyawant Punde