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Bombay High CourtWP/4691/2022disposed off

Devendra S/O Sirehmal Jain v. The State Of Maharashtra And ANR

2023-01-06Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

1 of 2 3.wp.4691.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4691 OF 2022 Devendra S/O Sirehmal Jain Petitioner versus The State of Maharashtra and another Respondents Mr.Prashant J. Rai with Mr.Prajot H. Jaggi, Advocates for Petitioner. Mr.Ajay Patil, APP, for State.

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

DATE : 6th January 2023 PC :

1.

By the present petition, Petitioner is seeking registration of crime on the basis of his complaint against certain persons. 2.

Petitioner has a substantive alternate remedy available under the provisions of Criminal Procedure Code and without availing such a remedy, Petitioner has directly approached this Court. Even otherwise, a Writ Petition under Article 226 of the Constitution of India for lodgment of FIR is not maintainable. 3.

In view of the above, learned Advocate for the Petitioner seeks leave to withdraw present Petition with liberty to file a private MANISH SURESH THATTE MANISH SURESH THATTE Date: 2023.01.11 09:45:44 +0530 complaint, if so advised and as may be permissible under the provisions of law.

2 of 2 3.wp.4691.2022.doc Leave and liberty granted.

4.

Petition is disposed off as withdrawn with aforesaid liberty.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