Amarjeet Singh Keer v. The Senior Inspector Of Police Juhu Police Station And ORS.

Digitally signed by SHAGUFTA Q PATHAN Date:

2023.03.31 11:48:52 +0530 SHAGUFTA Q PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4860 OF 2022 Amarjeet Singh Keer

...Petitioner

Versus

The Senior Inspector of Police, Juhu Police Station & Ors.

...Respondents

Mr. Arif Bhati i/b Mr. Paresh B. Thakar for the Petitioner Ms. S. S. Kaushik, A.P.P for the Respondent Nos. 1 & 6 -State None for the Respondent Nos. 2 to 5 CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

WEDNESDAY, 29 th MARCH 2023 P.C :

By this petition, the petitioner seeks the following substantive relief :

"(b) This Hon'ble court be pleased to issue appropriate writ order by way of issuing direction(s) to Respondent No.1 as to take cognizance u/s 420, 467, 406, 34 of I.P.C. 1/3

against present Respondent no. 2 to 5 by way of booking the Respondent no.2 to 5 (accuseds) u/s 420, 467, 406, 34 of I.P.C. by way of registering an F.I.R. against Respondent No.2 to No. 5 forthwith."

Learned A.P.P states that pursuant to the complaint filed by the petitioner as against the respondent Nos. 2 to 5, the API attached to the Juhu Police Station, Mumbai, vide letter dated 16th May 2022 has communicated to the petitioner that the dispute is civil in nature and as such has not registered an FIR. The said letter dated 16th May 2022 is at page 31 of the petition. Considering the aforesaid, we do not wish to entertain this petition. The petitioner is at liberty to avail of the alternate remedy available to him.

Petition is accordingly disposed of on the aforesaid ground, with liberty as aforesaid.

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We make it clear that we have not gone into the merits of the petition and as such all contentions of all parties on merits are kept open.

SHARMILA U. DESHMUKH, J.

REVATI MOHITE DERE, J.

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