Saroj Nitin Patil v. Dr. Suryaraju And ORS

50 WP 2419 OF 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2419 OF 2016 Mrs. Saroj Nitin Patil .... Petitioner.

V/s.

Dr. Suryaraju and ors .... Respondents Ms. Yogita M. Deshmukh, for the Petitioner.

Mr. J. P. Yagnik, APP for the Respondent .

CORAM : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 16TH NOVEMBER, 2016.

P.C. :

1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

This petition is filed seeking direction to respondent Nos. 6 and 7 to register F.I.R. against respondent Nos.1 & 2. By order dated 25th October, 2016, statement of learned APP that "within seven days from that date, the team of experts would submit its opinion", was recorded. 3.

Mr. Yagnik, learned APP placed on record the report dated 27.10.2015 of the Expert Committee. The same is taken on record and marked "X" for identification. The said report discloses negligence on the part of respondent Nos. 1 & 2. Mr. Yagnik, having taken instructions, 1/2

50 WP 2419 OF 2016.doc submits that initially A.D.R. was registered which shall be converted into F.I.R. after recording petitioner's statement. He, however, submits that the petitioner is not approaching Boisar Police Station. 4.

Learned counsel for petitioner submits that the petitioner would approach Boisar Police Station for the purpose of recording statement within a period of one week from today. The learned APP submits that in the event, petitioner approaches Boisar Police Station, Police will take appropriate steps to register F.I.R. 5.

In view of the above statement, petition no more survives and the same is disposed of accordingly.

[DR. SHALINI PHANSALKAR JOSHI, J.] [RANJIT MORE,J.] 2/2