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Bombay High CourtWP/4770/2014others disposed off

Pawan J. Aggarwal v. The State Of Maharashtra And ORS.

2015-08-24Hon'Ble Shri Justice Ranjit More.,Hon'Ble Shri Justice V.L. Achliya2 pages

27-WP-4770-2014.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4770 OF 2014 Pawan J. Aggarwal ..Petitioner.

Versus

The State of Maharashtra ..Respondent.

Mr. Milan Desai i/by Mr. T.R.Patel, advocates for petitioner. Mrs. M.M.Deshmukh, APP for the State.

Coram : RANJIT MORE & V. L. ACHLIYA, JJ.

Date : 24th AUGUST, 2015.

P. C. :

Petition is filed seeking direction to register F.I.R on the basis of petitioner's complaint dated 10.11.2014 copy of which is at Ex.'E' Page 56.

Mrs. Deshmukh, the learned APP placed on record report of the Senior Police Inspector, Turbhe MIDC Police Station, Navi Mumbai dated 24.11.2014. Report shows that enquiry into petitioner's said complaint was conducted and conclusion is drawn that the grievance raised by the petitioner is of civil nature. Report also shows that petitioner has already approached the Debts Recovery Tribunal by filing Appeal No.694 of 2010 in this regard. Shivgan 1/2

27-WP-4770-2014.doc In the light of report, we are not inclined to interfere in the petition in writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India especially when the petitioner has an alternate efficacious remedy to file private complaint if he is aggrieved by the conclusion arrived at by the police. Subject to above, petition is dismissed.

[V. L. ACHLIYA, J.] [RANJIT MORE, J.] Shivgan 2/2