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Bombay High CourtWP/650/2015disposed off

Suresh Laxman Patil v. The State Of Maharashtra And ANR

2015-06-08Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice A. I. S. Cheema2 pages

cwp650.15 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.650 OF 2015 Mr. Suresh Laxman Patil ...PETITIONER

VERSUS

The State of Maharashtra and another.

...RESPONDENTS ...

Mr.Aashish Satpute Advocate i/b. RMA Legal Advocates and Solicitors for Petitioner.

Mr.A.V. Deshmukh, A.P.P. for Respondent No.1. ...

CORAM: S.S. SHINDE AND A.I.S. CHEEMA, JJ.

DATE : 8TH JUNE, 2015 ORDER :

1.

Heard. It appears that the Petitioner has not availed the remedy available under Section 154(3) of the Code of Criminal Procedure (for short "Cr.P.C.") in as much as, in case the concerned Police Station In-charge has refused to register the F.I.R. or has not taken any steps in

cwp650.15 that direction, the Petitioner ought to have approached the Superintendent of Police in the manner stated in Sub-section (3) of Section 154 of Cr.P.C. Admittedly, no such steps have been taken by the Petitioner.

2.

In that view of the matter, we grant liberty to the Petitioner to approach the Superintendent of Police under Section 154(3) of Cr.P.C. In case such application is filed by the Petitioner under Section 154(3) of Cr.P.C. addressed to the Superintendent of Police, Jalgaon within one week from today, the Superintendent of Police, Jalgaon to consider the said application and take appropriate decision within one week thereafter.

3.

The Writ Petition is disposed of on above terms.

[A.I.S.CHEEMA,J.] [S.S. SHINDE, J.] asb/JUN15