Rhythm Hemade Through Poa-Nitin Shikare v. State Of Maharashtra And ANR

2023:BHC-AS:32722-DB CAJ 21-Ia-2569-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2569 OF 2022 Rhythm Hemade Through POA-Nitin Shikare ... Applicant In the matter between :

Vishwajeet Subhash Jhavar V/s.

The State Of Maharashtra And Anr.

... Respondents WITH INTERIM APPLICATION NO. 3950 OF 2022 IN CRIMINAL WRIT PETITION NO. 4578 OF 2021 Vishwajeet Subhash Jhavar ... Applicant/Petitioner V/s.

The State Of Maharashtra And Anr.

... Respondents Mr. Arshad Shaikh, Senior Advocate a/w Ms. Vinsha Acharya for Applicant/ Intervenor in IA/2569/2022.

Mr. Amit A. Gharte for Applicant/Petitioner in IA/3950/2022. Mr. Ranjit A. Agashe i/b Ms. Namrata Agashe for Respondent No.2. Mr. H. J. Dedhia, APP for Respondent-State.

CORAM : A.S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 23rd OCTOBER, 2023.

P.C. :

1) Record indicates that, in pursuance of Order dated 17th August, 2022 the statement of Applicant Rhythm Hemade in Interim Application No. 2569 of 2022 has been recorded by Mahim Police Station. Perusal of 1/2

CAJ 21-Ia-2569-2022.doc statement indicates that, the Applicant has invested amount in a project namely Marvel Zephyr, Kharadi, Pune. Applicant has also invested substantial amount with the promoters of the said project. 2) The Police Inspector attached to the Mahim Police Station, Mumbai has issued a Letter Of Understanding dated 19th July, 2023 to the Applicant. It is informed to the Applicant that, he may approach the concerned Police Station where the transaction of purchase of the said property has taken place i.e. at Pune.

4) In view thereof, Mr. Shaikh, learned counsel for Applicant on instructions seeks leave to withdraw the Application with liberty to approach the Kharadi Police Station, District Pune or the concerned police station within whose jurisdiction the alleged crime of mis-appropriation of funds has been committed by the Petitioner herein. 5) By reserving the said remedy, Application is disposed off. 6) In view of disposal of Interim Application No.2569 of 2022, Interim Application No. 3950 of 2022 does not survive and is also disposed off.

(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) 2/2