Dilip Prabhakar Gheware v. The Assistant Commissioner Of Police Crime Brnach Thane And ANR

bipin prithiani 39-wp-2054.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2023.07.12 11:30:48 +0530 CRIMINAL WRIT PETITION NO. 2054 OF 2023 Dilip Prabhakar Gheware ...

Petitioner

Versus

The Assistant Commissioner of Police Crime Branch, Thane & Anr.

...

Respondents ****** Mr. Aabad Ponda i/by Tarun Sharma and Hansraj Solanki for the Petitioner.

Mr. K. V. Saste, APP for the Respondent-State. DCP Shivraj Patil, Crime Branch, Thane City.

ACP Indrajeet Karle, Crime Branch, Thane City (Investigating Officer) ****** CORAM: NITIN W. SAMBRE AND R. N. LADDHA, JJ.

DATE : 11th JULY, 2023 P.C. :- .

Heard Mr. Ponda, learned Senior Counsel.

2.

The prayer is for quashing of the FIR being Crime No. 201 of 2016 punishable under Sections 420, 467, 468, 470, 471, 120-B of the Indian Penal Code. The alleged offence is claimed to have been committed about 20 years ago which is in relation to the forgery of signature on the exemptions granted under the provisions of Urban Land (Ceiling and Regulation) Act, 1976. The petitioner is the public servant.

3.

This Court having noticed certain developments, has called upon

bipin prithiani 39-wp-2054.23.doc the learned APP vide order dated 26 June 2023 to take instructions from Investigating Officer as to whether the Investigating Agency are having any intentions to charge-sheet the petitioner particularly having regard to the fact that he is going to be superannuated on 31 August 2023.

4.

In response to the above, Mr. Shivraj Patil, Deputy Commissioner of Police, Crime Branch, Thane city along with Mr. Indrajeet Karle, Asst. Commissioner of Police, Crime Branch, are present in the Court.

5.

Learned APP on instructions from both the Officers submits that the Investigating Agency has decided not to proceed as the filing of the charge-sheet under Section 173 of the Cr.P.C. 6.

In view of the above, nothing survives in the petition. The petition stands disposed of.

[R. N. LADDHA, J.] [NITIN W. SAMBRE, J.]