Ali Akbar Adamjee Peerbhoy v. The State Of Maharashtra And ORS

7 WP 3943 OF 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3943 OF 2016 Ali Akbar Adamjee Peerbhoy .... Petitioner.

V/s.

The State of Maharashtra and ors .... Respondents Mr. S. G. Kudale, for the Petitioner.

Mr. J. P. Yagnik, APP for the Respondent State. CORAM : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 25th JANUARY, 2017.

P.C. :

1.

Heard Mr. Kudale, learned counsel for the petitioner and Mr. J.P. Yagnik, APP for the State.

2.

The grievance of the petitioner in this petition is limited to non registration of F.I.R. in pursuant of petitioner's statement dated 07.06.2016 by V. P. Marg Police Station, Mumbai. Mr. Kudale, submits that though petitioner's statement has been recorded as far as back on 06.07.2016 and the same discloses commission of cognizable offence, V.P. Marg Police Station has not taken any action.

3.

Mr. Kudale, having taken instructions from his client who is present before the Court, states that after recording petitioner's statement 1/2

7 WP 3943 OF 2016.doc dated 06.07.2016, petitioner left for America and thereafter his supplementary statement could not be recorded. On their request to the petitioner to remain present for recording further statement, it was told that since this petition is pending, it would not be proper to record his supplementary statement.

4.

Mr. Yagnik, learned APP, learned APP states that once the petitioner co-operates with the police, his supplementary statement would be recorded and appropriate action in accordance with law would be taken within a period 7days thereafter.

5.

Mr. Kudale, learned counsel for the petitioner, having taken instructions from his client, who is present before the Court, makes statement that the petitioner will remain present before Senior Police Inspector, V. P. Marg, Police Station on 30.01.2017 at 11.00 a.m. Mr. Yagnik, learned APP on instructions states that petitioner's supplementary statement would be recorded and after perusal of the such statement appropriate action would be taken in accordance with law within 7 days thereafter, against all concerned. Statement is accepted. 6.

In the light of above, the grievance of the petitioner raised in this petition no more survives. The petition is disposed of accordingly. [DR. SHALINI PHANSALKAR JOSHI, J.] [RANJIT MORE,J.] 2/2