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Bombay High CourtWP/2044/2007others disposed off

Narendra Savji Sampat v. The State Of Maharashtra And ORS.

2017-07-13Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice Ranjit More.2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2044 OF 2007 Narendra Savji Sampat.

..Petitioner.

Versus

State of Maharashtra & Others.

..Respondents.

Mr. Amol Patankar for the Petitioner.

Ms. S. D. Shinde, APP for the State.

Coram : RANJIT MORE & SARANG V. KOTWAL, JJ.

Date : July 13, 2017.

P. C. :

1.

Heard the learned Counsel appearing for the Petitioner and the learned APP for the State. Petition is filed for quashing the FIR bearing CR. No. 250/2007 registered with Paydhuni Police Station [EoW C.R. No. 97 of 2007].

2.

By the order dated 14th February 2008, writ petition was admitted and interim relief in terms of prayer clause (b) was granted. On 22th August 2011 the petition was dismissed for default. At the request of the Petitioner, it was restored on 29th February 2012. However, interim relief was not restored. Thereafter in the year 2012 itself, the EoW filed charge-sheet in the subject crime against the Petitioner before the learned Metropolitan Magistrate, 19th Court at Esplanade.

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3.

In above circumstances, in our considered view, now the Petitioner has an alternate and efficacious remedy to apply for discharge before the concerned Magistrate. We are, therefore, not inclined to entertain this petition and the same is accordingly dismissed.

[SARANG V. KOTWAL, J.] [RANJIT MORE, J.] patilsr 2 / 2