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Bombay High CourtWP/3083/2022disposed off

M/S Aneeka Universal Private Limited v. State Of Maharashtra

2022-11-23Hon'Ble Shri Justice Amit Borkar1 pages

21-crwp3083-2022.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3083 OF 2022 Aneeka Universal Pvt. Ltd.

... Petitioner V/s.

The State of Maharashtra ... Respondent Mr. A.M. Saraogi a/w Mr. Sushil Upadhyay for the petitioner.

Mr. A.D. Kamkhedkhar, APP for the respondent/State. CORAM :AMIT BORKAR, J.

DATED :NOVEMBER 23, 2022 P.C.:

1.

By the impugned order, the learned Magistrate has considered the prayer to send to initiate investigation inquiry under section 156(3) of the Code of Criminal Procedure. The tenor of the order shows that the learned Magistrate has considered request for sending the complaint under section 156(3) of the Code of Criminal Procedure. Therefore, it is clear that the learned Magistrate has not considered to issue process against the accused or not.

2.

Learned Magistrate shall pass an order in accordance with law as to whether process is to be issued against the accused or not.

3.

With this clarification, the writ petition stands disposed of. No Costs.

(AMIT BORKAR, J.)