Abhishek Dinkar Ekal v. The State Of Maharashtra

SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 210 OF 2015 IN WRIT PETITION NO. 671 OF 2015 Abhishek Dinkar Ekal .....Applicant/ Org. Respondent No.2.

In the matter of:

Charu Sharma and ors.

.....Petitioners versus

1. The State of Maharashtra

2. Abhishek Dinkar Ekal ....Respondents Mr. Abhishek Ekal, applicant-in-person.

Mr. Amit Desai, senior counsel with Mr.Vijay Sondhi, Mr. Sanjay Udeshi, Ms.Cauveri Birbal, Mr. Akshay Udeshi i/b. Sanjay Udeshi and Co., advocates for the petitioners.

Mr. K. V. Saste, APP for the State.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATED : 29th JUNE, 2015.

P.C.:

The applicant is respondent No.2 in criminal writ petition No. 671 of 2015. This application is filed for following reliefs : "a) To issue direction to respondent No.1 to register the offence under the provisions of i) Information and Technology Act under section of 66, 74 of the IPC ii) Copyright Infringement under section of 63 of IPC iii) Criminal breach of trust under section of 406, 409 of IPC iv) Forgery for purpose of cheating under section of 468 of IPC and to take appropriate action against petitioner. Shubhada S Kadam 1/3

b) To issue direction to petitioner for not continuing offence by conducting "Pro Kabaddi Leauge" till final hearing. In connection to which C.R.No.234/2014 registered with Bhoiwada Police Station.

c) ....

d) To directing the police authority to submit the report of investigation to this Hon'ble Court arising out of complaint lodged by the respondent No.2 being C.R.No.234/2014 of cheating and dishonestly registered with Bhoiwada Police Station dated 25.09.2014 under section of 420 of IPC e) ...."

2.

In our opinion, the applicant cannot seek the said reliefs by filing application in the petitioner's writ petition. His remedy is to file a separate petition. The applicant-in-person states that he has already filed a separate petition and the same is pending for admission. In these circumstances, we are not inclined to interfere in this criminal application, and the same stands dismissed.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Shubhada S Kadam 2/3

SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 671 OF 2015 Charu Sharma and ors.

.....Petitioners versus

1. The State of Maharashtra

2. Abhishek Dinkar Ekal ....Respondents Mr. Amit Desai, senior counsel with Mr.Vijay Sondhi, Mr. Sanjay Udeshi, Ms.Cauveri Birbal, Mr. Akshay Udeshi i/b. Sanjay Udeshi and Co., advocates for the petitioners.

Mr. K. V. Saste, APP for the State.

Mr. Abhishek Ekal, respondent No.2 -in-person present. CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATED : 29th JUNE, 2015.

P.C.:

Stand over to 20th July, 2015.

2.

The ad-interim relief granted earlier shall remain in force till next date.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Shubhada S Kadam 3/3