Abdul Kayum Abdul Karim Shaikh v. The State Of Maharashtra

23-wp-3660.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3660 OF 2019 Abdul Kayum Abdul Karim Shaikh ... Petitioner

Versus

The State of Maharashtra ... Respondent Adv Munira Palanpurwala for the petitioner.

Mr. K.V. Saste, APP for the respondent State. PSI Pathan, Mahim Police station present.

CORAM : B.P. DHARMADHIKARI & NITIN R. BORKAR, JJ.

DATE :

JANUARY 10, 2020 P.C.:

Petitioner has approached this court for quashing of the FIR registered vide CR No. 667 of 1983 at Mahyim Police Station. The case of the petitioner is when he went to passport office, there during the verification, he learnt about the said FIR. He is not named therein and the investigation is still shown to be pending. He therefore, also obtained an anticipatory bail on 21/6/2018 from the Sessions Court, Greater Bombay.

2.

Learned APP upon instructions, state that in the FIR present petitioner is not named. He also on further instructions states that the petitioner has no concern with the said FIR at all. 3.

In this situation, we have expressly enquired whether nilegaonkar 1/2

23-wp-3660.2019.odt declaration that the petitioner is not concerned with the said FIR and no FIR is registered against the petitioner can be issued. Learned APP upon instructions states that such declaration can be granted. Accordingly, with the declaration that the CR No. 667 of 1983 registered at Mahim Police Station is not against the petitioner, we partly allow the writ petition and dispose if of. There shall be no costs.

(NITIN R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2