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Bombay High CourtPIL/51/2011disposed off

Sanjay Hansraj Sethi v. Shankar J Mishra And ORS

2019-08-13Hon'Ble The Chief Justice,Hon'Ble Smt. Justice Bharati Dangre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.51 of 2011 Shankar Jagannath Mishra & Ors .. Petitioners

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Sanjay Hansraj Sethi & ors .. Respondents WITH CIVIL APPLICATION NO.35 OF 2013 IN PIL NO.51 of 2011 Smrutikant Kiratkudave .. Applicant

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1 Sanjay Hansraj Sethi .. Petitioner 2 Shankar J. Mishra .. Respondent WITH CIVIL APPLICATION NO.178 OF 2011 IN PIL NO.51 of 2011 Shankar J. Mishra & Anr .. Applicant

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Sanjay Hansraj Sethi & Anr .. Respondents WITH CIVIL APPLICATION NO.179 OF 2011 IN PIL NO.51 of 2011 Grishma Garden Co-operative Housing Society Limited .. Applicant

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1 Sanjay Hansraj Sethi .. Petitioner 2 Shankar J. Mishra & ors .. Respondent

2/3 10 PIL 51-11.doc ...

None for the applicants/petitioners.

Ms.Nisha Mehra, AGP for respondent no.7.

Mr.Narula i/b M/s.Jhangiani Narula & Associates for respondent no.3.

Mr.G.S. Hegde with Ms.P.B. Bhansali i/b G.S. Hegde & Associates for respondent no.4.

Mrs.S.V. Bharucha with S.I. Shah and Mr.A.D. Yadav for respondent no.6.

CORAM: PRADEEP NANDRAJOG, C.J.

AND BHARATI DANGRE, J.

DATED : 13th August 2019 P.C:- The case pleaded in the Public Interest Litigation is that respondent nos.1 and 2 have acquired interest in land compliance in Survey No.114 A & B admeasuring 325.28 and 384.59 sq.meters in Village Manikpur, District Thane. The reply brings out that an FIR was registered and investigation was being held. Current status of the investigation is not known to the counsel who are appearing today.

Be that as it may, once an FIR is registered, proceedings as per Code of Criminal Procedure requires if no offence is made out, a closure report be submitted. If an offence is made out, a charge-sheet to be submitted. Thus, further action

3/3 10 PIL 51-11.doc pursuant to the FIR would be as per the requirements of the Criminal Procedure Code.

We discharge the notice issued in the PIL and terminate the proceedings therein.

Since the PIL has been disposed of, pending Civil Application are disposed of as infructuous.

SMT. BHARATI DANGRE, J CHIEF JUSTICE