Ramling S/O. Narsappa Deshmane v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2506 OF 2016 Ramling Narsappa Deshmane ...

Petitioner.

V/s.

The State of Maharashtra ...

Respondents.

Mr.Anand Mishra i/b A.M. Saraogi for the Petitioner. Mrs.S.D.Shinde AP for the Respondent-State.

CORAM : B. P. DHARMADHIKARI S. S. JADHAV, JJ.

DATE : 7TH NOVEMBER, 2019.

P.C.:

1] Learned counsel for the petitioner as also the learned APP are seeking time to obtain necessary instructions to assist the Court effectively.

2] We find that as per petition, the orders under Section 156(3) of the Code of Criminal Procedure were obtained by the present petitioner from Additional Chief Metropolitan Magistrate, 5th Court, Dadar, Mumbai in Application No.103-M-2008 on 7th August, 2008. Consequently, FIR being MECR No.2 of 2008 was registered on 16/11/2008 under Section 448, 454, 457, 380 read with 34 of Indian Penal Code.

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3] The petitioner claims that his statement was recorded on that day only in support of FIR. He therefore made a representation on 17th December, 2014 to the respondents inquiring about the fate of that FIR. No reply has been given and no report has been submitted to the Court of Additional Chief Metropolitan Magistrate.

4] Learned APP has submitted that the matter is placed before this Court for the first time and as such she cannot assist the Court.

5] The matter is pending before this Court since 22nd July, 2016. Thus, period of three years has expired after filing of the petition and period of more than 11 years and 3 months has expired from the date of alleged incident. 6] We are, therefore, no inclined to keep the matter pending.

7] Without prejudice to the rights and contentions available to the respondents in the matter, we direct Respondent No.2 to submit appropriate report to the Additional Chief Metropolitan Magistrate, 5th Court, Dadar, Mumbai which has passed the order under Section 156(3) of the Criminal Procedure Code within four weeks from the date of communication of this order to him. If such report is already submitted, the petitioner shall be informed 2/3

accordingly. We direct the petitioner to contact office of Respondent No.2 for the said purpose and with this order within one week from today.

8] With these directions and keeping all contentions open, we dispose of this petition.

(S.S. JADHAV, J.) (B. P. DHARMADHIKARI, J.) 3/3