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Bombay High CourtWP/4835/2021dismissed

Abhijit Mohanrao Shingare v. The State Of Maharashtra And ORS

2023-08-07Hon'Ble Justice Revati Mohite Dere,Hon'Ble Ms. Justice Gauri Godse2 pages

Digitally signed by VARSHA VIJAY RAJGURU Date:

2023.08.09 11:12:55 +0530 VARSHA VIJAY RAJGURU 1 / 2 45-wp-4835-2021.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4835 of 2021 Abhijit Mohanrao Shingare ... Petitioner vs.

The State of Maharashtra and Ors ... Respondents Mr Vaibhav V. Ugle, for the Petitioner.

Mr. V.B. Konde-Deshmukh, A.P.P for the State. CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATED : 7th AUGUST, 2023 P.C. :- 1.

Heard learned counsel for the parties.

2.

By this petition, the petitioner seeks the following substantive reliefs:

"a) that this Hon'ble Court be pleased to issue appropriate writ, order and direction, directing the Respondent No. 1 to 4 the investigation the complaint of the petitioner dated 9th September 2019 an 17th March, 2021 and/or to investigate any other investigating agency and/or to any other Higher Authorities having rank of ACP with a direction to carry out necessary investigation immediate on such terms as this Hon'ble Court may deem fit and proper.

b) that this Hon'ble Court be pleased to issue

2 / 2 45-wp-4835-2021.docx appropriate writ, order and direction, directing the Respondent No. 1 to 4 hold enquiry against the respondent no.5 as why he had misused his powers vested with him and the respondent no. 5 shall be dealt in accordance with law on such terms as this Hon'ble Court may deem fit and proper".

3.

Learned APP has tendered a report of the Police Inspector (Crime Branch) Wakad police station, Pimpri-Chinchwad, Pune dated 20th December 2019. In the said report it is stated that after an enquiry it is found that there is no merit in the complaint and as such the said complaint made by the petitioner is a false. The said report is taken on record. Considering the said report we are not inclined to entertain this petition. 4.

We make it clear that we have not heard the petition on merits of the petitioner's complaints and as such keep all contentions of all parties are kept open. It is always open for the petitioner to file appropriate proceeding, as permissible in law. 5.

Petition stands disposed of with the aforesaid observations. 6.

All parties to act on the authenticated copy of this order. (GAURI GODSE, J.) (REVATI MOHITE DERE, J.)