Abhyudaya Co Operative Bank Employees Union And ANR v. The State Of Maharashtra And ORS

SLJ 14-WP-5349-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5349 OF 2022 Abhyudaya Co Operative Bank Employees Union And Anr.

...Petitioner

V/s.

The State Of Maharashtra And Ors.

...Respondents

Mr. K.P. Anil Kumar a/w Ms. Priyanka Kumar, Ms. Roshni Vipani, Mr. Chinmay Apte for Petitioner.

Adv. R. K. Joshi i/by Adv. A.W. Shety for Respondent No.4. Mrs. M.H.Mhatre, A.P.P. for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 12th JANUARY, 2023.

P.C.:- .

By the present Petition, Petitioner is seeking registration of crime on the basis of his complaint dated 02.12.2022 against certain persons mentioned therein.

2.

Petitioner has a substantive alternate remedy available under the provisions of Criminal Procedure Code and without availing such a remedy, Petitioner has directly approached this Court. It is the settled principle of law and has been reiterated by Supreme Court, in its decision in the case of M. Subramaniam & Anr. Vs. S. Janaki & Anr., reported in (2020) 16 SCC 728 that, Petition under Article 226 of the Constitution of India for lodgment of crime is not maintainable.

by SAJAKALI LIYAKAT JAMADAR Date:

2023.01.17 10:04:20 +0530 1/2 SAJAKALI LIYAKAT JAMADAR

SLJ 14-WP-5349-2022.doc 3.

In view of the above, learned Advocate for the Petitioner seeks leave to withdraw present Petition with liberty to file a private complaint if so advised and as may be permissible under the provisions law. Leave and liberty granted.

4.

Petition is disposed off as withdrawn with aforesaid liberty. (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2