Gita Milind Tambe v. Asst Commissioner Of Police And ORS

osk 2-WP-4193-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4193 OF 2017 Gita Milind Tambe ...

Petitioner V/s.

Asst. Commissioner of Police & Ors.

...

Respondents • Mr.G.K. Jadhav for the Petitioner.

• Mr.A.R. Kapadnis, A.P.P. for the Respondents-State. CORAM : RANJIT MORE & DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 23rd NOVEMBER, 2017.

P.C. :

1] Heard Mr.Jadhav, learned counsel for the Petitioner and Mr.Kapadnis, learned A.P.P. for the Respondents-State. 2] This petition is filed seeking direction to register the FIR against one Pakya Yadav and Saijad Mosin Khan and their 3-4 associates in respect of the incident dated 8th September, 2017 and 7th October, 2017. In respect of the said incident, the police have registered N.C. complaint, since the Petitioner's allegations do not disclose commission of cognizable offence.

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osk 2-WP-4193-2017.odt 3] In the light of the above circumstances, we are not inclined to entertain the petition, especially when the Petitioner has an alternate remedy, which is equally efficacious to approach the learned Magistrate by way of private complaint. 4] Writ Petition is, therefore, dismissed.

[DR.SHALINI PHANSALKAR-JOSHI, J.] [RANJIT MORE, J.] 2/2