Pradip Mangaldas Jhaveri And ORS. v. The Senior Inspector Of Police, Bkc, Bandra, Mumbai And ORS.

35-cri-wp-3004-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3004 OF 2019 Pradip M. Jhaveri and ors.

... Petitioners V/s.

The Senior Inspector of Police and ors.

... Respondents ---------------- Mr. Swapnil Wagh for the Petitioners.

Mr. K.V. Saste, APP for the Respondent - State. Mr. Rakesh Dubey for Respondent No.3.

----------------

CORAM

:

B.P. DHARMADHIKARI & N.R. BORKAR, JJ.

DATE :

JANUARY 21, 2020.

P.C.

1] Petitioner No.3 is present with his advocate. Complainant - respondent No.3 is present with his advocate. They are jointly requesting for accepting consent terms and for quashing of ofences.

2] Learned APP is not in a position to assist as Investigating Officer is not present.

3] However, we fnd that this Court has allowed Anticipatory Bail Application on 6th June 2019 and at that time learned APP had assistance of Investigating Officer. It appears that the consent terms were then produced before learned Single Judge of this Court taking up Anticipatory Bail Dinesh Sherla 1/2

35-cri-wp-3004-19.doc Application.

4] Today, respondent No.3 has given separate affidavit giving no objection.

5] Affidavitgcumgdeclaration sworn by respondent No.3 is also tendered on record. He accepts receipt of total amount of Rs.91,42,090/g as recorded in paragraphs 7 and 8 of this affidavitgcumgdeclaration.

6] Learned APP, however, states that the police time and public money has been lost in the matter.

7] We, therefore, direct the parties to pay to Police Welfare Fund of State of Maharashtra amount of Rs.50,000/g within four weeks from today.

8] Subject to such payments, we make Rule absolute in terms of prayer clause (a).

(N.R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) Dinesh Sherla 2/2