Sabir Kasimali Rashid v. The State Of Maharashtra

Osk 35-Wp-3236-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3236 OF 2023 Sabir Kasimali Rashid ... Petitioner V/s.

The State of Maharashtra ... Respondent Mr.Subodh Desai a/w. Mr.Rohan Sonawane, Mr.Krishnan Iyer & Mr.Rahul Pillai for Petitioner.

Ms.Mahalakshmi Ganpathy, A.P.P. for Respondent-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 13th December 2023.

P.C. :

1) Present Petition under Article 226 of the Constitution of India is filed for lodgment of crime on the basis of complaint dated 14th December 2022 submitted by the Petitioner with Worli Police Station, District Mumbai, on which cognizance has not been taken by the concerned Police Authorities. 2) It it the settled position of law and as has been reiterated by the Hon'ble Supreme Court 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 thereof, learned counsel for Petitioner on instructions seeks leave to withdraw present Petition with liberty to file a private 1/2

Osk 35-Wp-3236-2023.doc complaint, if so advised and as may be permissible under the provisions of law.

Leave and liberty granted.

4) Petition is disposed of as withdrawn with aforesaid liberty. ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.12.15 11:48:06 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2