Paresh Manharlal Parekha And ANR v. The State Of Maharashtra
ssm 1 20-aba2678.18gp.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2678 OF 2018 Paresh Manharlal Parekh & Anr.
....Applicants.
Vs.
The State of Maharashtra ....Respondent.
WITH CRIMINAL APPLICATION NO. 221 OF 2019 IN ANTICIPATORY BAIL APPLICATION NO. 2678 OF 2018 Mrs. Sejal Girish Parekh ....Applicant.
IN THE MATTER BETWEENParesh Manharlal Parekh & Anr.
....Applicants.
Vs.
The State of Maharashtra ....Respondent.
Mr. Sathyanarayanan, I/by Prasad Borkar for the Applicant. Mr. A.K. Chauhan, Narpat Singh, Prasad Sankpal for the Intervenor. Mr. S.S. Hulke APP, for the Respondent-State. Mr. Kamlesh Jathar, API, Dr. D.B. Marg Police Station. CORAM : A. S. GADKARI, J.
DATE : 13th MARCH, 2019.
P.C.:- By an Order dated 22nd December, 2018 the Applicant was granted interim relief and was directed to attend the Investigating Officer on stipulated dates, to join the process of investigation. 1/3
ssm 2 20-aba2678.18gp.doc Heard the learned counsel for the Applicants, the learned counsel for the first informant and the learned APP. Perused the record of investigation.
As has been observed in Order dated 22nd December, 2018 the record clearly indicates that, prior to lodgment of the present crime, the informant had filed a private complaint in the Court of Metropolitan Magistrate, 18th Court Girgaon Mumbai with same set of facts and by an Order dated 20th October, 2018 the concerned Court had directed the police officers attached to Dr. D.B. Marg Police Station, Mumbai to conduct inquiry under Section 202 of the Code of Criminal Procedure. The record further indicates that, the said Order was forwarded by the Registry of the Court of Metropolitan Magistrate 18th Court, Girgaon Mumbai to the Senior Inspector of Police, Dr. D.B. Marg Police Station by a covering letter dated 1st November, 2018 which was received by the said Police Station on 23rd January, 2019.
It further appears that, the present crime is registered on 3rd November 2018 with same set of facts and without disclosing the fact that the Court of Metropolitan Magistrate has already issued an Order directing the concerned Police Station to conduct an inquiry under Section 202 of the Code of Criminal Procedure.
ssm 3 20-aba2678.18gp.doc The aforestated fact makes it abundantly clear that the first informant by suppressing material facts and with malafide intention has lodged the present crime. It therefore, appears that the observations made and the directions issued by the Supreme Court in the Case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra, reported in AIR 2011 SC 312, particularly in paragraph No. 122 (v) are squarely applicable to the present case.
In view thereof, interim relief granted by Order dated 22nd December, 2018 is hereby confirmed. However, the condition to attend the Investigating Officer of the concerned Police Station is waived.
Application is allowed in the aforesaid terms. In view of the disposal of the Anticipatory Bail Application No. 2678 of 2018, Criminal Application No. 221 of 2019 does not survive and the same is also disposed of.
(A.S. GADKARI, J.) 3/3