Jayesh Shyam Seernani v. The State Of Maharashtra

Mhi 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 944 OF 2015 Jayesh Shyam Seernani ...

Applicant vs.

State of Maharashtra & Ors.

...

Respondents Mr. Tapan Thatte, Advocate,for the applicant Mr. Arfan Sait, APP, for the State.

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 15th September, 2015.

P.C.

Rule. Rule returnable with the consent of the parties. 2.

The applicant herein happens to be the original complainant in CC No.370/MISC/2014. The applicant herein had filed an application before the Metropolitan Magistrate seeking further investigation under Section 173(8) of the Cr.P.C.

3.

The learned counsel for the applicant fairly submits that the application was not filed through the prosecution, but was filed by the original complainant in his private capacity. The learned Magistrate had called for a `Say' from the other side. The `Say' has been filed by the

Mhi 2 prosecution. However, the learned Magistrate has adjourned the matter to 9.12.2015 and has directed the complainant to file his reply on the Say. The learned Magistrate, after obtaining the Say of the present applicant shall decide the application seeking further investigation within four weeks from the date of receipt of this order.

Petition stands disposed of with the above direction. (SMT.SADHANA S.JADHAV, J.)

Mhi 3 CERTIFICATE Certified to be true and correct copy of the original signed order.