Mohd. Sahjad@Saaju Yakub Malik v. The State Of Maharashtra And ANR.

wp.2853.18.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2853 OF 2018 Mohd. Sahjad @ Saaju Yakub Malik

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Ms. Shweta Indrasen Singh for the Petitioner Mrs. S. D. Shinde, A.P.P for the Respondent No.1-State Mr. Shrinivas G. Singh for the Respondent No. 2 CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

TUESDAY, 5 th FEBRUARY 2019 P.C. :

Heard learned counsel for petitioner. She submits that complainant/respondent No. 2 has given consent for quashing. Learned A.P.P has invited our attention to the statement recorded while registering FIR and also to antecedents of petitioner. Report shows involvement of more than five persons in crime and the offence registered is under Sections 307, 323, 504, 143, 144, 147, 148 and 149 of the Indian Penal Code. SQ Pathan 1/2

wp.2853.18.21.doc The other accused persons have not approached this Court and it appears that respondent No. 2 has not given consent to other accused persons.

Antecedents brought on record show that 4 offences of similar nature are registered against petitioner at Mulund Police Station, 9 offences are registered at Bhandup Police Station. Similarly, 7 offences of similar nature are registered even against respondent No.2/complainant. Learned A.P.P also points out that respondent No. 2 is also externed for about 2 years. In this situation, we are not inclined to intervene in extraordinary jurisdiction. Rejected.

REVATI MOHITE DERE, J.

B. P. DHARMADHIKARI, J.

SQ Pathan 2/2