Jaywant Dattaji Patil v. The State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4632 OF 2018 Jaywant Dattaji Patil .... Petitioner versus State of Maharashtra & Ors.

... Respondents .......

• Mr.Vaibhav Karnik, Advocate for Petitioner.

• Mrs.A.S. Pai, APP for Respondent/State.

CORAM : B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE : 29th NOVEMBER, 2018.

P.C. :

1.

Heard respective Counsel. Grievance is that cognizance of complaint lodged on 14/08/2018 is still not taken. In complaint, contentions are that the accused named in the complaint, has prepared forged, false and fabricated documents. 2.

Learned APP submits that the Petitioner could have approached the Magistrate immediately. She further states that application is already made to SRA and SRA is competent to look into it Nesarikar

2 / 2 912-WP-4632-18.odt 3.

Learned Counsel submits that matter is urgent. According to him, if the demolition is carried out, the available evidence may disappear. However, during arguments learned Counsel accepts that photographs have been taken. 4.

In this situation without prejudice to contentions of Petitioner, as the Petitioner has got remedy of approaching Magistrate and SRA is looking into controversy, we are not inclined to intervene in extra-ordinary jurisdiction. Hence keeping all other contentions open, we dispose of Petition. (SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.)