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Bombay High CourtWP/4773/2017disposed off

Bindu Vikramkumar Kapadia And ANR v. The State Of Maharashtra And ORS

2024-03-19Hon'Ble Justice Revati Mohite Dere,Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

1/2 11 wp 4773 of 2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4773 OF 2017 Bindu Vikramkumar Kapadia and Anr.

....Petitioners

Versus

The State of Maharashtra and Ors.

....Respondents .....

Mr.S.K. More, Advocate for the Petitioners.

Mr.K.V. Saste, Addl.P.P. for Respondent - State. .....

CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.

DATED : 19th MARCH 2024.

P.C. :

By this Petition, the Petitioners seek a directions to the Dahiser (East) Police Station, Mumbai, to investigate the Petitioner'

s complaint dated 10th October 2017.

Learned APP submits that police after recording the Digitally signed by RAJESHRI PRAKASH AHER Date:

2024.03.21 13:54:46 +0530 statements of the Petitioners, the police have come to the RAJESHRI PRAKASH AHER conclusion that the dispute is of a civil nature and have Rajeshri Aher

2/2 11 wp 4773 of 2017.doc accordingly "filed" the said complaint. He further states that filing of the Petitioner's complaint has been communicated to the Petitioner by letter dated 2nd November, 2018. It may be noted that the present Petition was filed on 14th November, 2017.

Considering what is stated aforesaid, nothing survives for further consideration in the Petition. The Petition is accordingly disposed of.

We make it clear that, we have not gone into the merits of the Petitioners complaint 10th October, 2017, and, as such all contentions of all parties are kept open. Needles to state that it is now open for the Petitioner to adopt appropriate proceedings, as maintainable in law before appropriate Court.

MANJUSHA DESHPANDE, J.

REVATI MOHITE DERE J.

Rajeshri Aher