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Bombay High CourtWP/5459/2018others disposed off

Shekhar G Pathare v. Government Of Maharashtra And ORS.

2019-08-19Hon'Ble Shri Justice N. J. Jamadar,Hon'Ble Shri Justice Ranjit More.2 pages

8-WP5459-18.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5459 OF 2018 Shekhar Pathare

...Petitioner

Versus

Govt. of Maharashtra & ors.

...Respondents

Mr. Shekhar Pathare, petitioner-in-person present. Mrs. A. S. Pai, APP for the State/respondent.

CORAM:

RANJIT MORE & N. J. JAMADAR, JJ DATED:

19th AUGUST, 2019 PC:- 1.

Heard Mr. Pathare, the petitioner-in-person and Mrs. Pai, the learned APP for the State/respondent. 2.

The grievance made in the petition is that despite the report made under Section 154 of Criminal Procedure Code, police did not register crime and, therefore, the petitioner preferred an application before the concerned Magistrate under Section 156(3) of Criminal Procedure Code. During the pendency of this application petitioner approached this Court seeking direction to Dadar Police Station to register the FIR. 3.

The petition was placed before this Court on 22nd January, 2019. This Court directed Respondent no.3 to report without fail, as to why on the basis of details furnished 1/2

8-WP5459-18.DOC by the petitioner, action has not been taken. Respondent no.3, thereafter, on 28th January, 2019, has registered an FIR being CR No.25 of 2019, for the offences punishable under Sections 419 and 420 of Indian Penal Code against the accused mentioned therein.

4.

The learned APP, on instructions, makes a statement that investigation in the subject crime is completed and charge-sheet has filed before the concerned Court on 3rd August, 2019. Statement accepted.

5.

Meanwhile, the petitioner has withdrawn the proceedings under Section 156(3) of the Criminal Procedure Code pending before the concerned Magistrate. In the light of the fact that on the petitioner's allegation crime is registered and, thereafter, charge-sheet has also been filed, the grievance of the petitioner raised in this petition stands redressed. We, therefore, dispose of the petition. [N. J. JAMADAR, J.] [RANJIT MORE, J.] 2/2