Sharad Nandasukhlal Shroff And ANR v. The State Of Maharashtra And ORS

JOHNSON GONSALVES Date: 2021.10.11 12:50:04 +0530 SMITA JOHNSON GONSALVES sg 1/2 48.wp2820-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2820 OF 2021 Sharad Nandasukhlal Shroff And Anr.

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Petitioners v/s.

The State of Maharashtra & Ors.

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Respondents ....

Mr. Rajendra Sorankar, for the Petitioners.

Ms. S.D. Shinde, APP, for Respondent No.1.

Mr. Karansingh Rajput, for the Intervenor.

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CORAM: NITIN JAMDAR & SARANG V. KOTWAL JJ.

DATE : 6 OCTOBER 2021.

P.C:- Heard learned Counsel for the parties.

2.

The Petitioners have made diverse prayers in this petition. First is a direction to the Respondents to act on the complaint/representation made by the Petitioners to register an FIR. As far as this relief is concerned, the Petitioners have a remedy of approaching the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure and it is not necessary for us to exercise writ jurisdiction. The Magistrate under this provision has power

sg 2/2 48.wp2820-21.doc irrespective of the opinion by the Investigating Authority regarding the merits of the allegations of the complainant. 3.

As far as the other prayer clauses are concerned, they are regarding administrative action against the Respondents on the ground that the police authorities are harassing the Petitioners. The petition has no particulars whatsoever to take cognizance of the grievance. Learned Counsel for the Petitioners states that as regards this grievance, the petition with proper particulars will be filed. 4.

In view of this submission and the observations as above, the writ petition is disposed of.

(SARANG V. KOTWAL, J.) (NITIN JAMDAR, J.)