Jagdish M. Ramnathkar And ANR v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4629 OF 2013 Mrs. Sharmila Jagdish Ramnathkar & Anr.

..Petitioners v/s.

The State of Maharashtra & Ors.

..Respondents Mr. Sujit Kurup i/b. Shivaji Kurup for the Petitioner. Mr.A.N.Patil i/b. Vivek Kantawala for the Respondent No.4. Mrs. M.M.Deshmukh, APP for the Respondent/State. PSI Jahangirali J. Sayed from Gamdevi Police Stn. Mumbai, Present. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : FEBRUARY 09, 2015.

P.C.

1.

This writ petition is filed under Article 226 of the Constitution of India, for direction to the respondent no.3 to register the offence against respondent nos.4 and 5. Ms. Deshmukh, learned APP having taken instructions from the Officer Mr.Jahangirali, present in the court, makes a statement that the petitioner's complaints were looked into, preliminary enquiry was held and it was found that the pps

7 wp 4629-14.doc complaint does not disclose any commission of cognizable offence. The outcome of the enquiry has already been intimated to the petitioner. Learned Counsel for the petitioner does not dispute this fact.

2.

In the above circumstances, the petitioner is at liberty to file private complaint. We, therefore, are not inclined to interfere with the writ petition and the same is accordingly dismissed. 3.

In view of dismissal of the writ petition, Criminal Application No.448 of 2014 does not survive and the same is also dismissed. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) pps