Samratmal H. Jain v. The State Of Maharashtra And ORS

1/2 904wp2828.16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2828 OF 2016 Samratmal H. Jain ...

Petitioner V/s.

The State of Maharashtra & ors.

...

Respondents Mr. S.A. Sawant for the petitioner.

Mr. J.P. Yagnik, APP for the State.

CORAM :

NARESH H. PATIL AND PRAKASH D. NAIK, JJ.

2nd September, 2016.

P.C.

The grievance of the petitioner is that some material was stolen by accused persons named in the complaint. Complaint was filed on 27th May, 2016 with police. Learned APP submits that proposed accused no.2 is in fact business partner of the complainant which is revealed in the enquiry. Therefore, police is of the view that being dispute of civil nature and considering the information relating to complaint, cognizable offence is not made out.

2/2 904wp2828.16.sxw 2.

In the facts of the case, petitioner may resort to appropriate alternate remedy as prescribed in Criminal Procedure Code. All issues on merits are kept open.

3.

With these observations, petition stands disposed of. (PRAKASH D. NAIK, J.) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.