Ronak Bhavesh Kansara v. The State Of Maharashtra And ANR.

(6)WPNo.39842019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3984 OF 2019 Ronak Bhavesh Kansara ...

Petitioner

Versus

The State of Maharashtra & Anr. ...

Respondents .....

Ms.Swapna P.Kode, Advocate for the Petitioner. Mr.A.R.Kapadnis, APP for the Respondent/State. None for the Respondent No.2.

....

CORAM : A.M.BADAR J.

DATED : 11 th OCTOBER 2019.

P.C. :

Heard both sides.

I see no merits in this petition filed by the First Informant against the accused.

The accused had applied for visiting the foreign country for work purpose. The permission as sought for was granted to him by the learned Metropolitan Magistrate. However, the accused could not avail that permission and he did not visit any foreign country in pursuant to that permission. Gaikwad RD 1/2

(6)WPNo.39842019.odt The prosecution then filed an application for initiating criminal proceedings against the accused for offence punishable under Chapter XVIII of the Indian Penal Code. The said application came to be rejected by the learned Metropolitan Magistrate. The State has not challenged the said Order. The challenge to that Order at the behest of the First Informant is totally unmerited. In view of the observations of the learned trial Court, it is not expedient in the interest of justice to take action as contemplated under Section 195 of the Code of Criminal Procedure.

The Petition is, therefore, rejected.

(A.M.BADAR, J.) Gaikwad RD 2/2