Ram Kashinath Deokar v. The State Of Maharashtra And ANR

33.wp3210.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3210 OF 2016 Mr. Ram Kashinath Deokar.

...Petitioner.

Versus

State of Maharashtra & anr.

...Respondents.

Mr. Sachin R. Pawar, advocate for the Petitioner. Dr. F.R. Shaikh, APP for State.

Mr. Kedar J. Patil, advocate for respondent No. 2. CORAM : B.P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : NOVEMBER 19, 2019.

P.C.:

Perused the report. It prima facie shows offence as levelled made out.

Contention of petitioner is complainant is police employee and abusing her position has lodged false report. Real reason is other private dispute between parties. The report reveals a reference to that private disputes also. If facts mentioned in report are true, no case is made out for quashing the FIR.

Talwalkar

33.wp3210.16.doc The petitioner has not demonstrated that the report is false by producing anything.

We however, leave that contention open. With liberty to the petitioner to raise appropriate defence before trial court, we dispose of present petition.

Needless to mention that the trial Court has to decide the matter on the basis of the evidence given before it and uninfluenced by this order.

(SMT. SADHANA S. JADHAV, J) (B.P. DHARMADHIKARI, J) Talwalkar