Chandrashali Nagar Rahiwasi Seva Sangh Chawl Through Its Vice Chairman Nitin Vasantrai Merchant v. The State Of Maharashtra And ORS.

18-wp-5870.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5870 OF 2018 Chandrashali Nagar Rahiwasi Seva Sangh Chawl... Petitioner

Versus

The State of Maharashtra and Ors.

... Respondents Mr. Dilip Bodke for the petitioner.

Mr. Deepak Thakre, PP for the State.

PSI Shinde, Charkop Police Station present.

CORAM : B.P. DHARMADHIKARI & NITIN R. BORKAR, JJ.

DATE :

JANUARY 06, 2020 P.C.:

The co-operative society has filed the present petition pointing out that the direction issued by the JMFC under section 156(3) on 03/08/2018 have not been implemented till date. 2.

Learned PP, upon instructions, states that "C" summary has already been filed before the trial court and the matter was placed before it in October, 2019 and thereafter on 20/12/2019. On that date, nobody appeared for the petitioner society and no protest note has been filed. He also informs the court that the trial court is now taking up the matter on 06/02/2020. 3.

Counsel for the petitioner submits that because of the nilegaonkar 1/2

18-wp-5870.2018.odt present petition and request to change the investigating agency, this step of filing "C" summary appears to have been taken. We keep that contention open.

4.

Petitioner has to proceed further in accordance with law. We direct the petitioner to appear before the trial court on 06/02/2020 and take necessary steps. Needless to mention that all contentions of the parties are kept open and can be looked into by the trial court in accordance with law. 5.

With these directions and observations, we dispose of the petition.

(NITIN R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2