Nalini Mohan Narayan Swami v. The State Of Maharashtra And ANR.

pmw 1/2 wp-5114.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5114 OF 2018 Mrs. Nalini Mohan Narayan Swami

...Petitioner

Vs.

The State of Maharashtra & Anr.

...Respondents

---- Mr. Anand Mishra a/w Mr. Khevana Dagli i/b. Mr. Ashok M. Saraogi for the Petitioner.

Mr. K.V. Saste, APP for the Respondent - State. ---- CORAM : B. P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : 4th NOVEMBER 2019.

P.C.:

Effort of petitioner is to urge that in view of Conducting Agreement dated 16th August 2016 between him and one Vagesh Krishnakumar Singh, on the date of incident i.e. 6th April 2017 Mr. Vagesh Singh was in occupation and conducting the affairs. We have also heard the learned APP.

FIR sought to be quashed is under section 370 of IPC r/w sections 3, 4, 5, 7(1)(b) of Immoral Traffic (Prevention) Act, 1956. The Conducting Agreement produced before this Court is a notorized document. No other document showing control of Mr. Vagesh Singh of said business has been produced.

pmw 2/2 wp-5114.18.doc As such we are not inclined to interfere in writ jurisdiction. We keep the contention of the petitioner open and with liberty to raise the same before appropriate Court, we dispose of the present petition. (SMT. SADHANA S. JADHAV, J.) (B. P. DHARMADHIKARI, J.)