Fatima Ansari v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4133 OF 2016 Ms. Fatima Ansari .. Petitioner v/s.

The State of Maharashtra & Anr.

..Respondents Mr. Anand Mishra for the Petitioner.

Mrs.A.S.Pai, APP for the Respondent-State.

CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : MARCH 29, 2017.

P.C. :

1.

Heard the learned Counsel appearing for the Petitioner and the learned APP for the State. This petition is filed seeking direction to the Respondent to take register FIR in respect of the complaint made by the Petitioner vide her letter dated 13th February, 2016. We have perused the said letter. In the said letter, allegations are made against the bank employees. That apart, the learned APP, on instructions of the Officer who is present in the Court makes a statement that the allegations made in the said letter are independently inquired into by the police. In the course of the salgaonkar

30 wp 4133-16.doc inquiry statements of the relevant witnesses also have been recorded and the police have come to the conclusion that no C.R. can be registered as the same does not disclose commission of a cognizable offence. The police have accordingly communicated the same to the Petitioner. Statement accepted.

2.

In the above facts and circumstances, we are of the opinion that the Petitioner has remedy to approach the learned Magistrate by filing private complaint. We, in exercise of jurisdiction under Article 226 of the Constitution of India, decline to entertain this petition. The petition is accordingly dismissed.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) salgaonkar