Kirti Somaiya v. State Of Maharashtra And ANR

by HEMANT CHANDERSEN SHIV Date:

2022.10.10 14:00:12 +0530 HEMANT CHANDERSEN SHIV spm.w1869.22.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1869 OF 2022 Dr. Kirit Somaiya

...Petitioner

Versus

State of Maharashtra & Ors.

.

...Respondents

Mr. Abhishek Dubey i/b Law Counsellors with Rajuram Kuleriya for the Petitioner.

Ms. S. D. Shinde APP for the Respondent No.1-State. Mr. Mohan Mane, Sr. P.I., Khar police station and Mr. Vaibhav Katkar, (I.O), Khar police station present.

CORAM : REVATI MOHITE DERE & S.M. MODAK, JJ.

DATE : 30TH SEPTEMBER 2022 P.C. :

Heard learned counsel for the parties.

2.

By this petition, the petitioner has sought several reliefs, distinct from each other, however, learned counsel for the petitioner, does not press prayer clauses (b) to (d). As far as prayer clause (a) is concerned, the petitioner seeks quashing of the FIR.

Quashing is sought on the premise, that the petitioner's statement has not been recorded, as per his say. 3.

Learned APP states that it is always open for the 1/2 Corrected as per order dated 7th October 2022

spm.w1869.22.doc petitioner to have his supplementary statement recorded. She submits, on instructions, of Mr. Mohan Mane, Senior P.I., Khar Police Station, that if the petitioner comes to the Khar police station, the police will record his supplementary statement, since the investigation in said case, is still in progress and chargesheet is yet to be filed. Statement accepted. 4.

In view of the statement made by learned APP, learned counsel for the petitioner, on instructions, does not press for prayer clauses (a), and states that the petitioner will approach the concerned police station, so that his supplementary statement can be recorded.

5.

In view of the aforesaid, nothing survives for further consideration, in the petition.

6.

Needless to state, that we have not gone into the merits of the petition.

7.

The petition is accordingly disposed of.

8.

All parties to act on the authenticated copy of this order.

S. M. MODAK, J.

REVATI MOHITE DERE, J.

2/2 Corrected as per order dated 7th October 2022