Mita Dhiraj Isharani v. State Of Maharashtra And ORS.

ssm 1 10-Wp-4539-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4539 OF 2022 Mita Dhiraj Isharani .....Petitioner Vs.

The State Of Maharashtra & Ors.

.....Respondents Mr. Sachin R. Pawar for the Petitioner.

Mr. Ajay Patil, APP, for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 25th JANUARY, 2023.

P.C.:- .

Present Petition is under Article 226 of the Constitution of India for lodgment of crime on the basis of complaint dated 29th September 2022 filed by the Petitioner with Matunga Police Station, Mumbai, on which cognizance has not been taken by the Police Authorities. 2.

It is the settled principle of law and as has been reiterated by Supreme Court, in its decision in the case of M. Subramaniam & Anr. Vs. S. Janaki & Anr., reported in (2020) 16 SCC 728 that, Petition under Article 226 of the Constitution of India for lodgment of crime is not maintainable. 1/2

ssm 2 10-Wp-4539-2022.doc 3.

In view thereof, learned Advocate for the Petitioner seeks leave to withdraw present Petition with liberty to file a private complaint if so advised and as may be permissible under the provisions of law. Leave and liberty granted.

4.

Petition is disposed off as withdrawn with aforesaid liberty. (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2023.01.31 18:14:40 +0530 SANJIV SHARNAPPA MASHALKAR 2/2