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Bombay High CourtWP/2960/2015others disposed off

Anilkumar G. Yadav v. The State Of Maharashtra And ANR

2015-08-27Hon'Ble Shri Justice V.L. Achliya,Hon'Ble Shri Justice Ranjit More.4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL WRIT PETITION NO. 2960 OF 2015 Dr. Anilkumar Yadav ..

Petitioner

Versus

The State of Maharashtra & Ors.

..

Respondents Mr. C. K. Pendse i/b Chaitanya A. Malgaonkar, Advocate for the petitioner Mr. K. V. Saste, APP for the State CORAM:-RANJIT MORE & V. L. ACHLIYA, JJ.

DATED : -27/08/2015 P. C.:

Heard Mr. Pendse, learned counsel for the petitioner and Mr. Saste, learned APP for the State.

The petition is filed seeking direction to respondents No. 1 and 2 to register FIR pursuant to the petitioner's reports dated 26/6/2015 and 8/7/2015, copies of which are annexed to the petition at Exhibits "F" and "G" respectively.

Mr. Saste, learned APP having taken instructions from the concerned officer, makes a statement that the FIR is registered at 1/4

the instance of Assistant Commissioner of Virar Municipal Corporation, bearing C.R. No. II-33/2015 with Virar Police Station on 7th of August, 2015 for offences u/s 53 and 54 of M.R.T.P. Act. Mr. Pendse, learned counsel makes a grievance that, though the accused in the said FIR have committed forgery of commencement certificate and N. A. permission still, as is disclosed from petitioner's report, no section to that effect are added to the said FIR.

In above circumstances, in our considered view, this writ petition can conveniently be disposed of by passing following order:

(1) The petitioner is at liberty to give statement and produce document in support of his case, to the concerned investigation officer of Virar Police Station of the said C.R. No. II-33/2015.

(2) Mr. Pendse learned counsel submits that the petitioner will report to the investigation officer at 11 a.m. On Monday, 31st August, 2015. The statement is accepted.

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(3) The investigation officer shall thereafter examine the documents and look into the allegation and take appropriate decision and communicate the same to the petitioner.

(4) Petition is disposed in above terms.

(V. L. ACHLIYA, J.) (RANJIT MORE, J.) md.saleem 3/4

C E R T I F I C A T E a true and correct copy of original signed Judgment / Order.

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