Mehboob Jainuddin Sarfule Shaikh And ORS. v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1484 OF 2020 Mr. Sachin Dnyandev Satpute & Ors.

.. Petitioners Vs.

The State of Maharashtra & Anr.

.. Respondents ALONG WITH WRIT PETITION NO.2862 OF 2021 Mehboob Jainuddin Sarfule Shaikh & Ors.

.. Petitioners Vs.

The State of Maharashtra & Anr.

.. Respondents Mr. Saurabh Butala a/w. Mr. Harshad Sathe, for the Petitioner in WP/ 1484/2020.

Mr. Satyavrat Joshi, for the Petitioners in WP/2862/2021. Mr. Siddharth A. Mehta, for Respondent No.2 in both petitions. Mr. Shrikant Chavan, PSI, Anti Extortion Crime Branch, Pune, present.

CORAM : SUNIL B. SHUKRE & M.M. SATHAYE, JJ.

th APRIL, 2023.

DATE : 5 P.C. :

1.

We have heard this matter for sometime.

2.

There is of course a settlement between the accused-persons on one hand and the complainant on the other, but having regard to the by AARTI G PALKAR Date:

2023.04.06 17:49:55 +0530 AARTI G PALKAR Aarti Palkar 1/3 902.WP.1484.2020.doc

nature of offences registered and the other possibilities of the case, we are not in favour of accepting the settlement between the parties. 3.

At this stage, learned counsel for the petitioners in both the petitions, on instructions, seek leave of this Court to withdraw the petitions with a request that if the custodial interrogation of the petitioners is not required, they may not be taken into custody by the Investigating Officer. Investigating Officer Mr. Shrikant Chavan, PSI, Anti-Extortion Crime Branch, Pune is personally present before this Court and on being asked about his response to the prayer made on behalf of the petitioners, the Investigating Officer states that, since all the bank accounts of the accused-persons have been frozen, their custodial interrogation is no more required and it would be enough that they are made to attend the Chandan Nagar Police Station, Pune as and when required by the Investigating Officer. 4.

In view of the above, leave is granted to withdraw both the petitions while we accept the statement made by the Investigating Officer, PSI, Shri. Shrikant Chavan.

5.

The petitioners who are accused-persons in Crime No.18 of 2020 registered with Chandan Nagar Police Station, shall attend the office of Anti Extortion Cell, Crime Branch, Pune and also Chandan Nagar Police Station, as and when required to do so by the Investigating Officer and Aarti Palkar 2/3 902.WP.1484.2020.doc

the Police Station Incharge of Chandan Nagar Police Station, Pune. 6.

The trial of the criminal case arising out of C.R.No.18 of 2020 registered with Chandan Nagar Police Station, Pune, is expedited and the learned Magistrate is requested to dispose of the trial, in accordance with law at the earliest and preferably within a period of one year from the date of receipt of writ of this Court.

7.

The petitions are disposed of in above terms. [ M.M. SATHAYE, J ] [ SUNIL B. SHUKRE, J. ] Aarti Palkar 3/3 902.WP.1484.2020.doc