Naresh K. Rajwani v. The State Of Maharashtra And ANR

17 WP 4457 OF 2016.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4457 OF 2016 Naresh K. Rajwani ...

Petitioner V/s.

The State of Maharashtra and ors ...

Respondents Mr.

R. P. Pawar, for the petitioner.

Mr. J. P. Yagnik, APP for the Respondents.

CORAM : RANJIT MORE & DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 23rd MARCH, 2017.

P.C. :

1] Heard Mr. R. P. Pawar, learned counsel for the petitioner and Mr. J. P. Yagnik, learned APP for the State. 2] By this petition, petitioner is seeking direction to respondent No.1 to decide the petitioner's complaint dated 1st November, 2012 filed against respondent No.2. 3] We have perused the complaint which is annexed as Annexure "A" to this petition.

3A] The main grievance of the petitioner is that the property of the petitioner was purchased by respondent No.2. However, total 1/2

17 WP 4457 OF 2016.odt consideration is not given and in the said transaction, petitioner was cheated to the tune of Rs.30 lacs. In our opinion, this dispute is of civil nature and therefore, police have rightly refused to register F.I.R.

4] The petitioner has also alleged about the disproportionate assets of respondent No.2. On the basis of these allegations, the petitioner is praying that the offece under the provisions of Prevention of Corruption Act, be directed to be registered against respondent No.2.

5] The learned APP submits that an open enquiry against respondent No.2, is already concluded by Anti Corruption Bureau. 6] In such situation, at the instance of petitioner, who has grudge against respondent No.2, we are not inclined to entertain this petition. The petition is therefore, dismissed. [DR.SHALINI PHANSALKAR-JOSHI, J.] [RANJIT MORE, J.] 2/2