Heena W/O. Ghanshyam Patel v. The State Of Maharashtra And ORS

34 wp 1953.16.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1953 OF 2016 Smt. Heena W/o. Ghanshyam Patel ....Petitioner versus The State of Maharashtra through the Inspector Incharge, Dindoshi Police Station & ors. ....Respondents Mr. Sushil Upadhyay i/b. Mr. Ashok M. Saraogi, advocate for the petitioner.

Ms. S. D. Shinde, APP for the State.

CORAM : RANJIT MORE & SMT.ANUJA PRABHUDESSAI, JJ.

DATE : 5th APRIL, 2017.

P. C. :

Mr. Upadhyay, learned counsel for the petitioner, at the outset, stated that he does not press for relief claimed in prayer clause (a). So far as relief claimed in prayer clause (b) is concerned, the petitioner is seeking direction to respondent No.1 to forthwith take action against respondent Nos. 4 and 5 as accused in connection with FIR No.332 of 2011 registered under Sections 406, 420 read with Section 34 of the Indian Penal Code, 1860 including steps of arrest. 2.

Ms. Shinde, learned APP, on instructions, stated that during the pendency of the FIR, respondent Nos. 2 and 3 were arrested and, thereafter charge-sheet is also filed against those accused. So far as respondent Nos. 4 and 5 are concerned, no charge-sheet is filed against them. The statement is accepted.

Shubhada S Kadam 1/2

34 wp 1953.16.doc 3.

In the light of the above statement, the relief claimed in prayer clause (b) is also not maintainable. The petition is, accordingly, dismissed.

(SMT. ANUJA PRABHUDESSAI, J.) [RANJIT MORE, J.] Shubhada S Kadam 2/2