Kanchan Keshav Pal v. The State Of Maharashtra And ORS.

S S KADAM 9-wp-6271-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL PETITION NO.6271 OF 2021 Kanchan Keshav Pal ....Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Mr. Rakesh R. Singh for Petitioner.

Mrs. Geeta P Mulekar, APP for Respondent-State. CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 22nd JUNE, 2023.

P.C. :

1.

Present Petition under Article 226 of the Constitution of India is filed for lodgment of crime in pursuance of Complaint dated 3rd November 2021 submitted by the Petitioner to Mahatama Phule Chowk Police Station, Kalyan East, District Thane, on which, cognizance has not been taken by the concerned Police Authority.

2.

It is the settled position of law and as has been enumerated by the Hon'ble Supreme Court in the case of M.Subramanium and Anr. Vs. S. Janaki and Anr. reported in (2020) 16 SCC 726 that, Petition under Article 226 of the Constitution of India for lodgment of crime is not maintainable. 3.

In view thereof, learned Advocate for the Petitioner, on instructions, seeks leave to withdraw present Petition with liberty to file a private 1/2

S S KADAM 9-wp-6271-2021.doc complaint as contemplated under the provisions of Criminal Procedure Code before the learned Magisstrate.

Leave and Liberty granted.

4.

Petition is disposed off as withdrawn with aforesaid liberty. (SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) 2/2