Mr. Anant @ Shyam Damodar Patkar v. State Of Maharashtra

NISHA SANDEEP CHITNIS SANDEEP CHITNIS Date: 2022.11.21 10:50:29 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3261 OF 2016 Anant @Shyam Damodar Patkar

...Petitioner

Versus

State of Maharashtra and Anr.

...Respondents

Mr. Omprakash Parihar, for the Petitioner.

Mr. J. P. Yagnik, A.P.P for the Respondent No.1- State. Mr. Vatsal Thakkar, for the Respondent No.2.

PSI - Rahul M. Phad, is present.

CORAM : REVATI MOHITE DERE & R. N. LADDHA, JJ.

DATE : 17th NOVEMBER 2022 P.C. :

1.

Heard learned counsel for the petitioner.

2.

By this petitioner, the petitioner seeks quashing of the FIR bearing C.R. No. I-101 of 2016 registered with the Vasai Police Station, Palghar, for the alleged offences punishable under Sections 182, 211, 389, 120B, 499, 506 r/w 34 of the Indian Penal Code. 1/3

3.

Vide order dated 8th November 2017, Rule was granted in the aforesaid petition. Learned Counsel for the petitioner makes a grievance that despite the order dated 17th October 2016 passed by this Court directing the police not to file the charge-sheet in the said case and despite Rule having been granted by this Court vide order dated 8th November 2017, the police are summoning the petitioner to the police station.

4.

Learned APP, on instructions of PSI - Rahul M. Phad, who is present in Court, states that the police have decided to file a 'A' Summary Report, before the appropriate Court. He states that in order to enable the police to file an 'A' Summary Report, the adinterim relief granted by this Court vide order dated 17th October 2016, directing the police not to file the charge-sheet, be vacated, so as to enable the police to file a 'A' Summary Report before the appropriate Court.

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5.

In view of the aforesaid statement made by the learned APP, on instructions that 'A' Summary Report is being filed, learned counsel for the petitioner does not press this petition and seeks leave to withdraw the same.

6.

Petition is accordingly disposed of as withdrawn. 7.

Needless to state, that we have not gone into the merits of the petition and if an adverse order is passed as against the petitioner, it is always open for the petitioner to file a fresh petition, if the occasion so arises. Rule is discharged.

R. N. LADDHA, J.

REVATI MOHITE DERE, J.

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