Aslam Khairrudin Shaikh v. The State Of Maharashtra And ANR

wp-1491-18(914)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1491 OF 2018 Aslam Khairuddin Shaikh ..Petitioner Vs.

The State of Maharashtra & Anr ..Respondents Mr. Aslam Shaikh a/w Mr. Sagar Batavia and Ms Nasreen Sajid Khalique Ayubi for the Petitioners Mr. V. B. KondeDeshmukh Addl PP for the Respondent State Mr. Ashish Dubey for the Respondent No.2 CORAM :R. M. SAVANT, & REVATI MOHITE DERE,JJ DATE : 12th JULY, 2018 P.C.

The above Petition seeks quashing of the FIR number of which is appearing in the substantive prayer clause (a) of the above Petition. The Learned Addl PP Mr. KondeDeshmukh on instructions of PSI Mr. Raosaheb Dasi Mote, Powai Police Station, states that the charge sheet has already been filed in the said case No. 483 of 2017 on 20-6-2018. The Learned Counsel for the Petitioner sought to make submissions which involved going into the factual aspects.

In our view, it is not possible for this Court in its writ jurisdiction to delve into the factual aspects and reach a conclusion one way or the other. The above Writ Petition is accordingly dismissed. mmj

wp-1491-18(914) However, it would be open for the Petitioner to avail of the statutory remedy under the CrPC. If any such remedy is adopted, needless to state that the same would be heard and decided on its own merits and in accordance with law.

[REVATI MOHITE DERE, J] [R.M.SAVANT, J] mmj