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Bombay High CourtWP/3251/2012others disposed off

Amol Ashok Bhat v. The State Of Maharashtra

2018-06-04Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice R.M. Savant.2 pages

(236) wp-3251.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3251 OF 2012 Amol Ashok Bhat : Petitioner.

Versus

The State of Maharashtra and anr.

: Respondents.

Mr. Swapnil Ambure i/by Mr. Dinesh Tiwari for the Petitioner. Mr. K V Saste, Addl. PP for the Respondent/State. CORAM :

R. M. SAVANT & REVATI MOHITE DERE, JJ.

DATE :

04th JUNE 2018 P.C.

Taken out of turn at the request of the learned counsel for the Petitioner and the learned Additional Public Prosecutor for the Respondent/State.

The above Writ Petition filed under Article 226 of the Constitution of India seeks quashing of the FIR being C.R. No.1 of 2012 registered with Kanjurmarg Police Station on 02/01/2012. The said FIR has culminated in the proceedings being Sessions Case No.798 of 2013 which was pending on the file of the 21st Sessions Court, Mumbai. The FIR in question was registered for the offences punishable under Sections 498A, 313, 323, 504, 406 and 34 of the Indian Penal Code.

It is not necessary to dilate further on facts in view of the fact that lgc

(236) wp-3251.12 in Writ Petition No.132 of 2016 in the matter of Mr.Ashish A Bhatt & others versus Mrs. Namrata Ashish Bhatt & another wherein the Petitioner was also one of the Petitioners, a Division Bench of this Court (Coram : Ranjit A More and A K Menon, JJ) has by order dated 19/01/2016 quashed the said proceedings being Sessions Case No.798 of 2013. In view of the quashing of the said proceedings the relief sought in the above Writ Petition in the matter of quashing of the FIR in question being C.R. No.1 of 2012 registered with Kanjurmarg Police Station has turned infructuous. The above Writ Petition is accordingly disposed of as having turned infructuous. Rule discharged with no order as to costs. The order dated 19/01/2016 passed by the Division Bench of this Court in Writ Petition No.132 of 2016 is taken on record and marked as "X" for identification.

[REVATI MOHITE DERE, J] [R.M.SAVANT, J] lgc