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Bombay High CourtWP/4254/2022disposed off

Pushpendra Chaplot v. State Of Maharashtra And ANR.

2023-01-24Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4254 OF 2022 Pushpendra Chaplot Petitioner versus The State of Maharashtra and another Respondents Mr.Nirmal Pagaria, Advocate for Petitioner.

Ms.S.D.Shinde, APP, for State.

API Roshan Raorane, Unit No.6, EOW, Mumbai, present. CORAM : A.S.GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 24th January 2023 PC :

1.

For the cause of action which had arisen on 5th March 2015, the Petitioner has approached this Court belatedly after seven years. The petition is hit by delay and laches.

2.

Learned APP, on instructions, submitted that, investigation of Crime No.118 of 2015 originally registered with Santacruz Police Station, Mumbai and subsequently investigated by Economic Offences Wing, Mumbai having renumbered C.R No.13 of 2015, has culminated in filing final report under Section 173 of Cr.P.C. That, trial of the said case i.e. C.C No.401/PW/2015 has already MANISH SURESH THATTE by MANISH SURESH THATTE Date: 2023.01.31 10:35:24 +0530 commenced and prosecution as of today has examined three witnesses therein.

2 of 2 8.WP.4254.2022.doc 3.

We are therefore of the considered view that, Trial Court after conclusion of the trial will pass necessary orders as contemplated under Section 452 of Cr.P.C.

4.

Petition is accordingly dismissed.

(PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST