Pooja Motilal Pandey v. The State Of Maharashtra And ANR

Sr.No.908 WP 2220.15 SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2220 OF 2015 Miss Pooja Motilal Pandey ....Petitioner versus The State of Maharashtra and anr.

....Respondents Mr. Anand Jondhale along with Ms.Yashoda A. Jondhale i/b. Jondhale and Co., advocates for the petitioner.

Mrs. P. H. Kantharia, APP for the State.

Mr. Sandeep Singh, advocate for respondent No.2. CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATED : 14th JULY, 2015.

P.C.:

Heard learned counsel and learned APP appearing for the respective parties.

2.

The petition is filed for quashing the FIR No.08 of 2015. We have gone through the copy of the FIR. The FIR prima facie discloses commission of an offence under Section 509 of the Indian Penal Code, 1860. That apart, the investigation is already completed and charge-sheet is also filed. The petitioner, therefore, has an alternative remedy to file a discharge application before the trial Court. We, therefore, are not inclined to entertain the petition. The writ petition is, accordingly, dismissed.

Shubhada S Kadam 1/2

Sr.No.908 WP 2220.15 3.

We, however, make it clear that in the event the petitioner files an application for discharge, the same shall be decided expeditiously and independently on its own merits without being influenced by the observations made in this order.

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