Minakshi Sachin Mankar v. The State Of Maharashtra And ANR

osk 904-wp-3270-2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3270 OF 2015 Minakshi Sachin Mankar ...

Petitioner V/s.

The State of Maharashtra & Ors.

...

Respondents Mr.S.M. Sabrad i/b. Mr.Yuwraj D. Patil for the Petitioner. Mrs.M.M. Deshmukh, Asst. Public Prosecutor for the State. Mr.G. Anpat, PSI, EOW (Unit-7), Mumbai.

CORAM : RANJIT MORE & DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 31st JANUARY, 2017.

P.C. :

1] Heard.

2] This Writ Petition is filed challenging the notice/letter dated 1st August, 2014 issued by Respondent No.2 to the Gaon Kamgar Talathi, Thule Malvandi, Vadgaon Maval, District Pune informing that the properties of the office bearers of the Himbjs Holidays Private Limited are attached under the orders of the Special Court of MPID, Mumbai. The Petitioner claims that he has purchased some of the properties of the office bearers of the Himbjs Holidays 1/3

osk 904-wp-3270-2015.odt Private Limited. The grievance of the Petitioner, as a matter of fact, is that there are no orders of attachment from the Special Court of MPID, Mumbai and therefore, the notice impugned is bad. 3] Mrs.Deshmukh, learned Asst. Public Prosecutor, having taken instructions from Respondent No.2, Mr.G. Anpat, Police SubInspector, Economic Offences Division, Wing-7, Mumbai makes a statement that during the pendency of this petition, the Government of Maharashtra had issued a notification dated 22nd January, 2016, where under the properties of the office bearers of the said Himbjs Holidays Private Limited are attached. She also states that, in that view of the matter, Respondent No.2 is withdrawing the notice impugned in this petition. The statement is accepted. 4] In view of the above circumstances, the grievance of the Petitioner no more survives and the petition is, accordingly, disposed of.

5] Needless to mention that the Petitioner is at liberty to challenge the said notification of the Government of Maharashtra dated 22nd January, 2016 by filing a separate petition. 2/3

osk 904-wp-3270-2015.odt 6] In order to enable the Petitioner to challenge the said notification, Respondent No.2 is directed to provide a copy of the said notification dated 22nd January, 2016 to the Petitioner, on his application.

[DR.SHALINI PHANSALKAR-JOSHI, J.] [RANJIT MORE, J.] 3/3