Laxman Narsaya Bura v. The State Of Maharashtra And Others

11675.21wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 WRIT PETITION NO.11675 OF 2021 LAXMAN NARSAYA BURA

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr A. A. Kokad, Advocate for petitioner;

Mr S. G. Sangle, A.G.P. for respondent Nos.1 to 5 Mr P. G. Tambade, Advocate h/f Mr S. S. Jadhavar, Advocate for respondent No.6 Mr S. K. Kadam, Advocate for respondent no.7 CORAM : RAVINDRA V. GHUGE AND SANDIPKUMAR C. MORE, JJ.

DATE : 6th June, 2022 PER COURT:

1.

On 06/05/2022, as a statement was made by the petitioner that respondent No.7 is not registering an offence against respondent No.6, that we directed respondent No.7 - Shri. Digvijay Dilip Aaher, to remain present in the Court. He is present today in the Court.

2.

We have perused the affidavit filed by the learned A.G.P. on behalf of respondent Nos.4 and 5, dated 02/06/2022 and we have also considered the submissions of the learned Advocate representing respondent No.7. We find that the first information report was already registered on 26/03/2022. Since the petitioner did not convey this fact, that we directed the presence of Shri.

11675.21wp (2) Aaher. Inconvenience is caused to Shri. Aaher, which is on account of the incorrect information supplied to us by the petitioner.

3.

We find from the first information report that an offence has been registered against respondent No.6 for having purportedly filed a false affidavit and having purportedly relied upon the same, treating it to be a true affidavit. Sections 199 and 200 of the Indian Penal Code have been invoked.

4.

The learned Advocate for the petitioner contends that Sections 201, 420, 468 and 471 of the Indian Penal Code should also be invoked. We do not find that we should exercise our jurisdiction in such circumstances and deal with this request of the petitioner. We leave the petitioner at liberty to avail of a remedy as may be permissible in law.

5.

Considering the above, the purpose for which the petition has been filed, stands redressed and the petition is, therefore, disposed off.

(SANDIPKUMAR C. MORE, J.) (RAVINDRA V. GHUGE, J.) sjk