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Bombay High CourtWP/3090/2019disposed off

Changdeo Rupsing Chavan v. The State Of Maharashtra And ORS.

2021-03-24Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice Manish Pitale2 pages

Laxmikant G.

Chandan by Laxmikant G.

Chandan Date: 2021.03.24 18:57:10 +0530

(904) cri.wp-3090.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3090 OF 2019 Changdeo Rupsing Chavan : Petitioner.

Versus

The State of Maharashtra and ors.

: Respondents.

Mr. Dilip Bodake for the Petitioner.

Mrs. A S Pai, APP for the Respondent/State.

CORAM : S. S. SHINDE, MANISH PITALE, JJ DATE : 24th MARCH 2021 P.C.

Heard the learned counsel appearing for the Petitioner. There is an inordinate delay in approaching this Court, inasmuch as the cause of action for filing this Petition arose in the year 2014, however, this Petition has been belatedly filed in the year 2019. There is an efficacious alternate remedy available to the Petitioner for redressal of his grievances raised in this Petition by invoking the provisions of Section 156(3) of the Criminal Procedure Code before the concerned jurisdictional magistrate. In that view of the matter, we dispose of this Petition without entering upon the contentions raised on merits in this Petitionand grant liberty to the Petitioner to approach the concerned jurisdictional magistrate for redressal of his grievances by filing appropriate proceedings. lgc

(904) cri.wp-3090.19.odt In case the Petitioner is advised to invoke the jurisdiction of the concerned magistrate and if appropriate proceedings are initiated, we direct the concerned jurisdictional magistrate to take a decision on the said proceedings in accordance with law and in due adherence to the principles of natural justice as expeditiously as possible however within a period of three months from filing such proceedings.

The Writ Petition stands disposed of accordingly. [MANISH PITALE, J] [S. S. SHINDE , J] lgc