Sanjay Eknath Baviskar And ORS. v. The State Of Maharashtra

33-wp-988-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL SIDE APPELLATE JURISDICTION WRIT PETITION NO. 988 OF 2021 Mr. Sanjay E. Baviskar & Others ..

Petitioners.

v/s.

The State of Maharashtra ..

Respondent.

Mr. Tejas Mane i/b. Mr. Harshwardhan Salgaokar, for the Petitioners.

Mr. K. V. Saste, APP for Respondent-State.

Digitally signed by SMITA RAJNIKANT JOSHI Date:

2022.08.01 15:22:24 +0530 CORAM: NITIN JAMDAR & ARUN R. PEDNEKER, JJ.

DATE : 20th JULY, 2022.

P.C:- SMITA RAJNIKANT JOSHI Heard the learned Counsel for the parties.

By this Petition, FIR in respect of Sections 12, 13(1) (b) and 13(2) of the Prevention of Corruption Act, 1988, is sought to be quashed.

The grounds which have been raised to quash the FIR is delay and that the FIR is mala fide since the Petitioners had filed Contempt Petition against the Investigating Agency. The aspect of this delay can be explained. Also that filing of Contempt Petition by itself will not lead to the conclusion that no offence is made out. Therefore, we are of opinion that a case for exercise of extra ordinary jurisdiction is not made out.

S.R.JOSHI

33-wp-988-2021.doc It is open to the Petitioners to seek a remedy of discharge and if when so applied, it will be considered on its own merits.

Writ Petition is disposed of.

(ARUN R. PEDNEKER,J.) (NITIN JAMDAR,J.) S.R.JOSHI