Sunil Lumbaji Choudary v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3453 OF 2015 Mr. Sunil Lumbaji Choudhary ..Petitioner.

Versus

The State of Maharashtra & Anr.

..Respondents.

Mr. Sanjay Kulkarni, advocate for petitioner. Mrs. M.H.Mhatre, APP for the State.

Coram : RANJIT MORE & R.G.KETKAR, JJ.

Date : 29th September, 2015.

P. C. :

Heard.

This petition is filed seeking direction to respondents to register F.I.R. against one Mr. Tony @ Ramesh Lakhapatrai Agrawal and his associates as per the written complaints/ information given by the petitioner dated 8.2.2015, 23.2.2015, 18.3.2015 and 4.4.2015 copies of which are annexed at Exhibits Q, S, R and V.

Mrs. Mhatre the learned APP having taken instructions from the concerned officer makes a statement that preliminary enquiry into the petitioner's complaint is already made and the police have come to conclusion that the dispute which the petitioner has raised in his complaint is of civil nature. This decision is also communicated to the petitioner.

Shivgan 1/3

In these circumstances, in our opinion if the petitioner does not agree with the conclusion of the police is always at liberty to file private complaint before the Magistrate. Since the petitioner has alternate efficacious remedy, we are not inclined to interfere in the petition. Petition, accordingly, stands dismissed. [R.G.KETKAR, J.] [RANJIT MORE, J.] Shivgan 2/3

CERTIFICATE Certified to be true and correct copy of the original signed judgment/order.

Shivgan 3/3