Ramesh Dagdu Godse v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5511 OF 2021 Ramesh Dagdu Godse Petitioner versus The State of Maharashtra and another Respondents Mr.Shailesh K. More, Advocate for Petitioner. Mrs.S.D.Shinde, APP, for State.

CORAM : A.S.GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 20th February 2023 PC :

1.

Present Petition is under Article 226 of the Constitution of India for lodgment of crime on the basis of complaint dated 14th June 2018 submitted to Superintendent of Police, Pune (Rural), Pashan, Pune, on which cognizance has not been taken by Police Authorities. 2.

It is the settled position of law and as has been reiterated by the Hon'ble Supreme Court in its decision in the case of M.Subramaniam & another Vs. S.Janaki & another reported in (2020)16-SCC-728 that, Petition under Article 226 of the Constitution of India for lodgment of crime is not maintainable. 3.

In view thereof, learned Advocate for the Petitioner seeks leave MANISH SURESH THATTE MANISH SURESH THATTE Date: 2023.02.27 10:18:04 +0530 to withdraw present Petition with liberty to file a private complaint if

2 of 2 12.WP.5511.2021.doc so advised and as may be permissible under the provisions of law. Leave and liberty granted.

4.

Petition is disposed off as withdrawn with aforesaid liberty. (PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST