Pranoti Prakash Chudji v. The State Of Maharashtra And ORS

rsk 1/2 28-WP-4282-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4282 OF 2018 Pranoti Prakash Chudji ..Petitioner vs.

The State of Maharashtra and Ors.

...Respondents

WITH CRIMINAL APPLICATION NO.404 OF 2018 ---- Ms. Seema S. Singh for the Petitioner.

Mr. Manish Bohra a/w Mr. Anurag Ghag i/b M/s. A. S. Khan & Associates for intervenor.

Mr. K. V. Saste, APP for the Respondent/State. ---- CORAM : B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE : 19/11/2018.

P.C.:

.

Heard learned counsel for the Petitioner and learned APP for Respondent.

2.

This Court has still not issued notice in the matter. Effort of learned counsel for the petitioner is to demonstrate that document viz., ration card has not been used by the Competent Authority to determine eligibility of the petitioner.

3.

The other contention is that the person who has lodged complaint has later on withdrawn the same. The FIR clearly mentions use of ration card with same number and the document at Exhibit 'F' dated

rsk 2/2 28-WP-4282-18.doc 12/7/2017 also mentions it. However, while actually deciding eligibility that document has not been considered.

4.

The fact that document was therefore submitted by the petitioner cannot be said to be in dispute atleast at this stage. We therefore do not find anything wrong with the proceedings. No case is made out for quashing FIR.

5.

The Petition is rejected without prejudice to the rights of the intervenor in the application.

(SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.)