Dhanpat Banarsidas Agrawal And ORS. v. The State Of Maharashtra And ORS.

wp-4503-14-(11)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4503 OF 2014 Dhanpat Banarsidas Agrawal ..Petitioner Vs.

State of Maharashtra & Ors ..Respondents Mr. A. H. Fatangare for the Petitioner Mr. J. P. Yagnik APP for the Respondent-State CORAM :R. M. SAVANT, & SANDEEP K. SHINDE, JJ DATE : 11th SEPTEMBER, 2017 P.C.

The quashing of the FIR is sought on the ground that the alleged loss suffered by the Co-operative Bank in question has been recovered by the said Bank. The Learned APP Mr. Yagnik points out that the charge sheet has already been filed. Amongst the offences alleged against the Petitioner are the one punishable under Sections 420 and 465 of the Indian Penal Code. We therefore do not deem it appropriate to exercise our jurisdiction under Section 482 of the Cr.P.C. The above Criminal Writ Petition is accordingly dismissed. However, it would be open for the Petitioner to avail of the statutory remedies under the Cr.P.C., by filing an application in which application the aforesaid fact of recovery can be pleaded by the Petitioner. mmj

wp-4503-14-(11) Needless to state that if any such application is filed the same would be decided by the concerned court on its own merits and in accordance with law. [SANDEEP K. SHINDE, J] [R.M.SAVANT, J] mmj