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Bombay High CourtIA/4615/2022allowed

Kolhapure Rajeshree v. State Of Maharashtra And ANR

2023-06-20Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice R. N. Laddha3 pages

Chitra Sonawane. 7-Apl-1292-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1292 OF 2018 A/W INTERIM APPLICATION NO.4615 OF 2022 IN CRIMINAL APPLICATION NO.1292 OF 2018 Kolhapure Rajeshree ......Applicant/Petitioner.

Vs.

The State of Maharashtra & Anr. ......Respondents. ....

Ms Madhavi Ayyappan i/b Talekar & Associates for applicant Mrs. SD Shinde, APP for State.

....

Coram: Nitin W. Sambre & R.N.Laddha, JJ.

Date : 20th June, 2023.

....

P.C.:

1.

Leave to amend.

2.

Proceedings are taken out for quashing of FIR in Crime No.344 of 2018 punishable u/s 406, 409, 418, 420 of IPC r/w 3 of the Maharashtra Protection of Interest of Depositors Act,1999. Page No. 1 of 3

Chitra Sonawane. 7-Apl-1292-2018.doc 3.

Having perused the FIR, it appears that the petitioner is specifically named therein, with a role of having acted in alleged transaction of accepting deposits from the depositors. 4.

In response to a Court's query, learned Counsel for the petitioner submitted that the petitioner has no concern whatsoever with the Company who has accepted the amount as the applicant was not an employee of M/s Maker Agro Estate Private Limited. According to her, not a single penny has gone to the account of the petitioner so as to infer that she has participated in commission of the offence.

5.

In response to the aforestated submissions, learned APP seeks time to take instructions.

6.

The fact remains that the petitioner is not chargesheeted. In view thereof, the application for amendment, so as to place on record the chargesheet, stands allowed.

7.

Amendment be carried out on or before 7th July, 2023. 8.

If amendment is not carried out within the prescribed period, Page No. 2 of 3

Chitra Sonawane. 7-Apl-1292-2018.doc the petition shall stand dismissed without further reference to the Court.

9.

Stand over to 7th July, 2023.

[R.N.Laddha, J.] [Nitin W. Sambre,J.] Page No. 3 of 3