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Bombay High CourtWP/3949/2018others disposed off

Devendra Mishra v. The State Of Maharashtra And ANR.

2018-12-12Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice B.P. Dharmadhikari1 pages

35-wp-3949.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3949 OF 2018 Mr. Devendra Mishra ... Petitioner

Versus

State of Maharashtra and Ors.

...

Respondents Mr. P.V. Thorat for the Petitioner.

Mr. S.R.Shinde, APP for the respondent State. CORAM : B.P. DHARMADHIKAKRI & SARANG V. KOTWAL, JJ.

DATE :

DECEMBER 12, 2018 P.C.:

Heard learned counsel for the petitioner. Perused FIR. 2.

Prima facie, it shows that the shop belonging to the complainant was demolished without his consent. FIR is dated 4/4/2017 and against unknown persons.

3.

Petitioner has been summoned only for an enquiry. In these circumstances, accepting the defence, we cannot quash the FIR at this stage. We however, make it clear that all the contentions of the petitioner are kept open and can be raised at appropriate stage, if occasion so arises.

(SARANG V. KOTWAL, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 1/1