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Bombay High CourtWP/4544/2017others disposed off

M/S. Noble Traders Through Vikram Mehta v. The State Of Maharashtra And ORS

2018-03-06Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice R.M. Savant.2 pages

(21) wp-4544.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4544 OF 2017 M/s. Noble Traders Through its partner Mr. Vikram Mehta : Petitioner.

Versus

State of Maharashtra and ors.

: Respondents.

Mr. Shyam Dewani a/w Mr. Pratik M Thakkar and Mr. Sumit Khanna i/by M/s. Dewani and Associates for the Petitioner. Mr. K V Saste, Addl. PP for the Respondent/State. CORAM :

R. M. SAVANT & SARANG V. KOTWAL, JJ.

DATE :

06th MARCH 2018 P.C.

The learned counsel for the Petitioner to amend the cause title of the above Writ Petition so as to array the partner/partners of the Petitioner Firm as Petitioner or Petitioners. Amendment to be carried out forthwith. The above Writ Petition has been filed seeking directions against the Respondents to take cognizance of the offences committed by the accused persons on the basis of the complaint dated 23/09/2017 lodged by the Petitioner with the Respondent No.1 as well as the complaint dated 26/10/2017. The 2nd relief sought is that the Petitioner be provided the police protection. The 3rd relief sought is that the Respondents to appropriately compensate the Petitioner for deliberate inaction on their part and consequent losses sustained by the Petitioner in the peculiar facts and circumstances of the case.

lgc

(21) wp-4544.17 In so far as the first prayer i.e. registration of the FIR is concerned, we are no inclined to grant the said prayer in view of the avenue of filing of an application under Section 156(3) of the Criminal Procedure Code being available to the Petitioner. This is in the context of the fact that the statement of the Petitioner was already recorded on 03/10/2017. In so far as the other two reliefs are concerned, we leave the said reliefs opened to the Petitioner to be invoked at the appropriate stage. With the observations as aforesaid, the above Writ Petition is disposed of. If any such application under Section 156(3) of the Criminal Procedure Code is filed, the concerned Court would decide the same expeditiously.

[SARANG V. KOTWAL, J] [R.M.SAVANT, J] lgc