Haroon Rashid Nizamuddin Umatiya v. The State Of Maharashtra

SLJ 14-WP-4739-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4739 OF 2022 Haroon Rashid Nizamuddin Umatiya

...Petitioner

V/s.

The State Of Maharashtra

...Respondent

Mr. Pankaj Dwivedi, for Petitioner.

Mrs. M.H.Mhatre, A.P.P. for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 8th FEBRUARY, 2023.

P.C.:- 1.

Present Petition is under Article 226 of the Constitution of India for lodgment of crime on the basis of complaint dated 14.06.2022 lodged by the Petitioner with Meghwadi Police Station, Jogeshwari (East), Mumbai, on which cognizance has not been taken by the Police Authorities. 2.

It is the settled position of law and as has been reiterated by Supreme Court, in its decision in the case of M. Subramaniam & Anr. Vs. S. Janaki & Anr., reported in (2020) 16 SCC 728 that, Petition under Article 226 of the Constitution of India for lodgment of crime 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 complaint if so advised and as may be permissible under the provisions of law. Leave and liberty granted.

4.

Petition is disposed off as withdrawn with aforesaid liberty. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2023.02.13 19:21:46 +0530 (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) SAJAKALI LIYAKAT JAMADAR 1/1