Omega Promoters Private Limited Through Amar Pal Singh v. State Of Maharashtra And ANR

SLJ 15--WP-5340-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5340 OF 2022 Omega Promoters Private Limited Through Amar Pal Singh

...Petitioner

V/s.

State Of Maharashtra And Anr.

...Respondents

Mr. Tejesh Dande a/w Mr. Chinmay Deshpande, Mr. Bharat Gadhvi i/by Mr. Vishal Navale, Advocate for Petitioner.

Mr. S.S. Hulke, A.P.P. for the Respondent-State.. CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 8th FEBRUARY, 2023.

P.C.:- 1.

Present Petition is under Article 226 of the Constitution of India for lodgment of crime on the basis of complaint dated 05.11.2020 lodged by the Petitioner with the Police Authority of Pimpri-Chinchwad Police Commissionerate, on which cognizance has not been taken by the Police Authorities.

2.

It is the settled position of law and as has been reiterated by Supreme Court, in its decision in the case of M. Subramaniam & Anr. Vs. S. Janaki & Anr., reported in (2020) 16 SCC 728 that, Petition under Article 226 of the Constitution of India for lodgment of crime is not maintainable. 3.

In view of the above, learned Advocate for the Petitioner seeks leave to withdraw present Petition with liberty to file a private complaint, as may Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2023.02.13 19:21:46 +0530 be permissible under the provisions of law.

SAJAKALI LIYAKAT JAMADAR 1/2

SLJ 15--WP-5340-2022.doc Leave and liberty granted.

4.

Petition is disposed off as withdrawn with aforesaid liberty. (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2