Anant Pandurang Patil And ANR v. The State Of Maharashtra And ANR

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2022.10.15 12:51:40 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3987 OF 2021

1. Anant Pandurang Patil

2. Bhalchandra Pandurang Patil

3. Keshari Aatmaram Patil

...Petitioners

Versus

1. The State of Maharashtra

2. Joint Commissioner of Pune

3. DCB CID, Unit-XI

4. Sr. Inspector of Police

...Respondents

Mr. Shamish Marwadi a/w Sunny Waskar, i/b Mr.Ashok Shukla for the Petitioners.

Ms. M.H.Mhatre, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE & S. M. MODAK, JJ.

DATE : 13 th OCTOBER, 2022 P.C. :

1.

By this petition, the petitioners seek quashing of C.R.No. 599 of 2021, registered with the M.H.B. Colony Police Station, Mumbai, for the alleged offences punishable under Sections 307, 326 etc. of the Indian Penal Code, under the provisions of of Maharashtra Police Act, Arms Act, Disaster Management Act and under the 1/3

Maharashtra Control of Organized Crime Act. The said investigation was subsequently, transferred from M.H.B. Colony Police Station to DCB CID Unit XI, Mumbai, and re-numbered as C.R.No.63 of 2021. 2.

Learned APP submits, on instructions, that the police have conducted investigation in the said case and have accordingly filed a charge-sheet only as against co-accused. She submits that as the investigation did not reveal the complicity of the petitioners, chargesheet has not been filed as against them. 3.

Learned APP has tendered a report of Mr. Kashinath Chavan, ACP, D-North Crime Branch, Kandivali (E), Mumbai, dated 13th October, 2022, evidencing the same. The said report is taken on record. The said report reveals that as no material was found as against the petitioners, the police have taken a decision not to file charge-sheet as against them.

4.

Considering the report filed by the DCB CID Unit XI, Mumbai, as noted aforesaid, nothing survives for consideration in the aforesaid petition, seeking quashing of the FIR. 2/3

5.

The same is accordingly disposed of.

6.

All concerned to act on the authenticated copy of this order.

S. M. MODAK, J.

REVATI MOHITE DERE, J.

3/3