Amey Ramesh Shirsekar v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2848 OF 2014 Mr. Amey Ramesh Shirsekar .. Petitioner Vs.

State of Maharashtra and anr.

.. Respondents Ms. Gulestan M. Dubash for petitioner.

Dr. F. R. Shaikh, APP for State.

CORAM: NARESH H. PATIL & A. M. BADAR, JJ.

MARCH 21, 2016.

P.C.

1.

Heard. The petitioner prayed for following reliefs: (a) Rule be issued.

(b) This Hon'ble Court be pleased to quash/ de-register the FIR being C.R. No. I-249 of 2014 registered at Vartak Nagar Police Station, Thane for offences U/s 498A of the Indian Penal Code against the petitioner. (c) Pending the hearing and final disposal of the present Petition, this Hon'ble Court be pleased to direct Vartak Nagar Police Station, Thane not to take coercive steps against the petitioner in connection with C.R. No.I-249 of 2014.

(d) Pending the hearing and final disposal of the present

9-wp-2848-14 Petition, this Hon'ble Court be pleased to stay further proceedings/ investigation in C.R. No. I-239 of 2014 registered at Vartak Nagar Police Station.

(e) Interim and ad-interim reliefs in terms of prayer clause (b), (c) and (d) above.

(f) Such other and further relief as this Hon'ble Court may deem fit and proper.

2.

The learned APP submits, on instructions, that investigation is complete and charge-sheet could not be filed due to ad-interim relief granted by this court.

3.

We have perused the complaint filed and the record placed before us. Merely on the ground that the allegation is made by the petitioner that the wife is suffering from paranoid schizophrenia, FIR could not be quashed. The petitioner may resort to appropriate alternate remedy as permissible in law.

4.

Keeping all the issues open, petition is disposed of. Adinterim relief granted earlier stands vacated. (A. M. BADAR, J.) (NARESH H. PATIL,J.)