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Bombay High CourtWP/1922/2019others disposed off

Prabhat Kana Bharwadia v. The State Of Maharashtra And ORS

2019-08-08Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice Ranjit More.2 pages

913.WP.1922.19.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1922 OF 2019 Prabat Kana Bharwadia .....Petitioner

Versus

The State of Maharashtra & Ors.

.....Respondents Mr. Prabhakar Pandey, Advocate for the Petitioner. Mr. K.V. Saste, APP for the Respondent State. CORAM :

RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

DATE : 8th AUGUST, 2019.

P. C. :

1.

Time to carry out amendment is hereby extended by two weeks from today.

2.

The petitioner has approached this Court seeking direction to the respondent Manor Police Station to register an offence in respect of an incident in relation to her daughter, which took place on 3rd March 2019. The petitioner prays that an offence under Sections 307 and 201 read with Section 34 of the Indian Penal Code, 1860 and Section 120(B) of the Indian Penal Code, 1860 should be registered against Manshi, Sachin, Vaidihe Patil and Jayprakash.

3.

Learned APP invited our attention to the statement of daughter of AGP 1/2

913.WP.1922.19.odt the petitioner, Vaishali recorded on 4th March, 2019. He has also submitted that the concerned police station has lodged a FIR vide C.R.No.60 of 2019 under Sections 279, 337, 338 and under Sections 184, 187, 134(a) & (b) of the Motor Vehicles Act, 1988. It is also informed that the said FIR is registered at the instance of one Nirmal Jain, who was accompanying Vaishali at the relevant time.

4.

In light of the said development, learned counsel for the petitioner seeks permission to withdraw the writ petition. 5.

The writ petition is dismissed as withdrawn.

6.

We, however, issue direction to the Investigating Officer that if the petitioner or her daughter are ready and willing to get their supplementary statement recorded, then the concerned Investigating Officer should do so and on recording of the said statement, if some offences are made out, then the necessary steps would be taken by the Investigating Officer. [SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] AGP 2/2