Kuzhicheril Gopalakrishnan And ORS v. The State Of Maharashtra And ANR

1 of 2 WP.4979.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4979 OF 2015 Kuzhicheril Gopalakrishnan Kesavan Nair and others Petitioners versus The State of Maharashtra and another Respondents Mr.Amrut Joshi and Shavez Mukri i/by India Law for Petitioners.

Mr.D.P.Adsule, APP, for State.

CORAM : NARESH H. PATIL AND PRAKASH D. NAIK, JJ.

DATE :

11 July 2016 PC :

1.

The Petitioners have prayed for following reliefs : "a.

Rule be issued;

b.

That record and proceedings be called for and after perusing the same this Hon'ble Court be pleased to issue a Writ of Certiorari or any other and thereby quash and set aside criminal proceedings bearing C.C. No.1811/2008 pending the file of JMFC Court, at Thane arising out of C.R. No.T 116/2005 registered with Mira Road Police Station u/s.406, 420, 465, 467, 468, 471 r/w 34 of Indian Penal Code;

c.

Pending the hearing and final disposal of this petition, proceedings in C.C. No.1811/2008 pending the file of JMFC Court, at Thane arising out of C.R. No.T

2 of 2 WP.4979.2015 116/2005 registered with Mira Road Police Station u/s 406, 420, 465, 467, 468, 471 r/w 34 of Indian Penal Code, be stayed;

d.

Interim and ad-interim reliefs in terms of prayer clause (b) above be granted."

2.

We have perused the record. The Petitioner has approached this Court after about nine to ten years. The charge sheet is already filed. By granting liberty to the Petitioner to resort to alternate remedy under Code of Criminal Procedure, 1973, we dispose of this petition, with no order as to costs. (PRAKASH D. NAIK, J.) (NARESH H. PATIL, J.) MST