Charanjeetsingh Harchandsing Gill Proprietor Of M/S. D.S. Gill And Co. 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.5247 OF 2017 Charanjeetsingh Harchandsing Gill, Proprietor of M/s.D.S.Gill and Co.

Petitioner versus The State of Maharashtra and others Respondents Mr.Sushil Upadhyay i/by Mr.A.M.Saraogi, Advocate for Petitioner. Mr.Ajay Patil, APP, for State.

CORAM : A.S.GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 20th February 2023 PC :

1.

Present Petition is under Article 226 of the Constitution of India for lodgment of crime on the basis of complaint dated 22nd October 2009 submitted to Park Site Police Station, Vikroli (West), Mumbai, on which cognizance has not been taken by Police Authorities.

2.

It is the settled position of law and as has been reiterated by the Hon'ble Supreme Court in its decision in the case of M.Subramaniam & another Vs. S.Janaki & another reported in (2020)16-SCC-728 that, Petition under Article 226 of the Constitution of India for lodgment of crime is not maintainable. MANISH SURESH THATTE MANISH SURESH THATTE Date: 2023.02.27 10:18:04 +0530 3.

In view thereof, learned Advocate for the Petitioner seeks leave to withdraw present Petition with liberty to file a private complaint if

2 of 2 7.WP.5247.2017.doc so advised and as may be permissible under the provisions of law. 4.

Leave and liberty granted subject to limitation as may be prescribed under Cr.P.C or other provisions of law in force. 5.

Petition is disposed off as withdrawn with aforesaid liberty.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