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Bombay High CourtAPL/617/2019disposed off

Rajni Amarlal Ramrakhiani v. The Commissioner Of Police Mumbai City And ORS

2023-01-20Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

SLJ 10-APL-617-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 617 OF 2019 WITH INTERIM APPLICATION NO. 2400 OF 2022 Rajni Amarlal Ramrakhiani ...Applicant V/s.

The Commissioner Of Police Mumbai City And Ors.

...Respondents

WITH INTERIM APPLICATION NO. 364 OF 2019 IN CRIMINAL APPLICATION NO. 617 OF 2019 Anil Arjundas Ballani ...Applicant

IN THE MATTER BETWEEN :-

Rajni Amarlal Ramrakhiani ...Applicant V/s.

The Commissioner of Police Mumbai City And Ors.

...Respondents

Adv. Ms. Rajni A. Ramrakhiani for Applicant in-person in Criminal Application No.617 of 2019.

Mrs. M.H.Mhatre, A.P.P. for the Respondent-State. Mr. Sanjiv Kadam i/by Swarup D. Patil in Interim Application No.364 of 2019.

CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 20th JANUARY, 2023.

P.C.:- .

Present Application under Section 482 of Cr.P.C. as drafted with prayer clauses is not tenable in the eyes of law, as a relief for direction to lodge crime and to investigate it by a specialize Agency cannot be granted under Section 482 of Cr.P.C.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2023.01.23 19:10:25 +0530 1/2 SAJAKALI LIYAKAT JAMADAR

SLJ 10-APL-617-2019.doc 2.

Facing with the said difficulty, learned Advocate for Petitioner on instructions seeks leave to withdraw present Application with liberty to file a detailed Petition under Article 226 of the Constitution of India with specific prayers therein for the reliefs which are being sought in the present Application No.617 of 2019 and Interim Application No.2400 of 2022. Leave and liberty granted.

3.

Application is disposed off as withdrawn with aforesaid liberty. 4.

In view of disposal of Application, Interim Application Nos.2400 of 2022 and 364 of 2019 do not survive and are also disposed off. (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2