Tabassum Danish Shaikh v. The State Of Maharashtra And ANR

20-wp-1076.2015.doc hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1076 OF 2015 Mr. Amar Turakhia ..

Petitioner.

V/s.

The State of Maharashtra and Ors.

..

Respondents ALONG WITH CRIMINAL APPLICATION NO. 259 OF 2015 IN WRIT PETITION NO. 1076 OF 2015 Smt. Tabassum Danish Shaikh ...

Applicant

IN THE MATTER BETWEEN :

Mr. Amar Turakhia ..

Petitioner.

V/s.

The State of Maharashtra and Ors.

..

Respondents Mr. n.s. Mundrgi i/by Mr. J.J. Bardeskar for the petitioner. Mr. K.V. Saste, APP for respondent-State.

Mr. Rizwan Merchant i/by Swapnil Wagh for the applicant/intervenor. CORAM : RANJIT MORE AND V.L.ACHLIYA, JJ.

DATED : FEBRUARY 08, 2016 P.C. :- 1.

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

2.

The petition is filed seeking direction to the respondent to register FIR on the basis of the petitioner's complaint dated 26th November, 2013. Mr. Saste, learned APP makes a statement that the above stated complaint was made to the Joint Commissioner of 1/2

20-wp-1076.2015.doc Police (Crime) and then the complaint was forwarded to Bangur Nagar Police Station at Mumbai. The Petitioner thereafter was called upon by the police. However, he did not attend the police Station. He submitted that the said complaint may be treated as FIR. 3.

In the above circumstances, we dispose of the petition by granting liberty to the petitioner to approach Bangur Nagar Police Station, Mumbai within a period of one week from today making out his grievance. In the event, the petitioner approaches Bangur Nagar Police Station, within the stipulated period, the Incharge of Police Station shall record the statement of the petitioner and take appropriate steps and communicate the same to the petitioner within seven days from the date of recording such statement. Writ petition and Criminal Application are disposed of accordingly. (V.L.ACHLIYA, J.) (RANJIT MORE, J.) 2/2