Domnic Angelo Fernandes v. State Of Maharashtra

IRESH MASHAL MASHAL Date: 2023.07.27 14:51:36 +0530 53.4883.22 WP.doc Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4883 OF 2022 Domnic Angelo Fernandes

...Petitioner

Versus

State of Maharashtra

...Respondent

Mr. Anup Lahoti Advocate for the petitioner Mr. V. B. Konde Deshmukh APP for the State Mr. Shitalkumar Gaikwad, API, Lashkar Police Station, Pune. CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 24th JULY 2023.

P.C. :

1.

By this petition, the petitioner seeks the following substantive relief.

"a. The Respondent may be directed to register the FIR against the Mr. Sushil Dayama, Laxmikant Joshi, Surendra Chadok and Kesha Mahadev Nagari Sahakari Patsanstha Maryadit through authorized officer Mr. Vinayak Shinde and also the other connected Accused persons under 1/2

53.4883.22 WP.doc sections 406, 420, 467, 468, 469, 471 of IPC and other legal provision of law as this Hon'ble Court may deem fit and proper in the interest of Justice."

2.

Learned APP submits that that police have investigated the complaint made by the petitioner and have found no material in the same and accordingly have filed the said complaint. He submits that the said decision has been taken by the police on 26th September 2022. Today, learned APP has tendered a copy of the said report. 3.

Considering the aforesaid, learned counsel for the petitioner seeks leave to withdraw the petition with liberty to adopt appropriate proceedings as maintainable in law.

4.

Petitioner is accordingly disposed of as withdrawn with liberty as prayed.

5.

We make it clear that we have not gone into the merits of the petition and as such, all contentions of all the parties are kept open. GAURI GODSE, J.

REVATI MOHITE DERE, J.

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