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Bombay High CourtWP/3581/2018others disposed off

Ombeer Hariram Singh v. Asha Gagankumar Sharma@Asha Tilakraj Sharma And ANR.

2019-01-17Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

rsk 1/2 15-WP-3581-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3581 OF 2018 Ombeer Hariram Singh

...Petitioner

vs.

Asha Gagankumar Sharma @ Asha Tilakraj Sharma and Anr.

...Respondents

---- Mr.Aniket Sharma i/b Waquar Ahmed for the Petitioner. Mr.Kamlesh Jain for the Respondent No.1.

Mr. A. D. Kamkhedkar, APP for the Respondent-State. ---- CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 17/01/2019.

P.C.:

.

The petitioner officer of Delhi police is before this Court in the matter under section 482 of Cr.P.C. with a prayer to quash and set aside the FIR being MECR No.16/2012 and chargesheet filed in it. Respondent No.1 complainant is present with her advocate and she has given no objection. The reason for giving no objection is her daughter is one of the witnesses in the matter and her daughter wants to pursue higher education out of the country and therefore is not interested in remaining present for recording her evidence.

2.

We have perused the report on the basis of which FIR has been registered. It reveals misuse or abuse of his position by the petitioner. Not only this prima facie after finding some substance in support, chargesheet has been tendered. Considering the nature of allegations, post hold by the petitioner we find it inexpedient to intervene in extra ordinary jurisdiction.

rsk 2/2 15-WP-3581-18.doc Hence we reject the present petition.

(REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J.)