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Bombay High CourtWP/3794/2015others disposed off

Rajendra Namdev Surve v. The State Of Maharashtra And ANR

2016-01-25Hon'Ble Shri Justice S.C. Gupte,Hon'Ble Shri Justice Ranjit More.2 pages

Sr.No.24 WP 3794.15 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3794 OF 2015 Rajendra Namdev Surve ..Petitioner

Versus

The State of Maharashtra and anr.

Respondents Mr. Satyavrat Joshi, advocate for the petitioner. Mrs. S. V. Sonavane, APP for the State.

CORAM : RANJIT MORE & S. C. GUPTE, JJ.

DATE : 25th JANUARY, 2016.

P. C. :

The petition is filed for quashing the FIR bearing CR.No.37 of 2015 registered with Indapur Police Station, Pune Rural District. We have gone through the FIR. Learned APP submitted that during the pendency of the petition, investigation officer having completed the investigation has already filed a charge-sheet before the JMFC Indapur. Learned counsel for the petitioner submitted that the FIR does not disclose that the complainant was insulted or intimidated in any place within public view. Learned APP, however, stated that when the complainant was insulted and intimidated, it was witnessed by a 3rd person. In the above circumstances, we are not inclined to entertain this petition. The writ petition stands dismissed. Shubhada S Kadam 1/2

Sr.No.24 WP 3794.15 2.

The petitioner, however, is at liberty to file a discharge application before the trial Court. Needless to mention that, in the event, such an application is filed by the petitioner, it shall be decided independently on its own merits and without being influenced by this order.

[S. C. GUPTE, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2