Shishir Rakesh Sanghavi And ANR v. Senior Police Inspector And ORS

rsk 1/1 21-WP-2790-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2790 OF 2016 Shishir Rakesh Sanghavi and Anr.

...Petitioners

vs.

Senior Police Inspector and Ors.

...Respondents

---- Mr. Subodh Desai i/b Mr. Pravin Desai for the Petitioners. Mr. S. R. Shinde, APP for the Respondent-State. ---- CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 23/01/2019.

P.C.:

.

Respective counsel were heard for some time in first half and the matter was adjourned to second half. In second half, learned APP upon instructions states that look out notice is valid only for one year. Here said notice is dated 14/2/2015 and it was issued after order under 156(3) of Cr.P.C. That order has been set aside by the learned Sessions Court and further challenge thereto is pending in this Court. The very foundation of lookout notice has ceased to exist. Not only this, period of one year has also expired.

2.

In this situation, the communication to the petitioner by respondent No.2 dated 12/3/2016 under the Right to Information Act informing that his proceedings are pending before this Court is unsustainable.

3.

Accordingly, we quash and set aside the lookout notice dated 14/2/2015. The petition is allowed and disposed of. (REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J.)