Bombay High CourtWP/1076/2017dismissed

Minakshi W/O. Praful Vaidya v. State Of Maharashtra Thr. Prinicpal Secretary Dept. Of Home Mantralaya Mumbai And Others

2018-10-16Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Mrs. Justice Swapna Joshi2 pages

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.1076/2017 (Minakshi Praful Vaidya vs. The State of Maharashtra and others ) ----------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. M.P. Kariya, Adv.for petitioner Mr. A.D.Sonak, APP for respondent no.1 to 3 CORAM : P.N. DESHMUKH & MRS. SWAPNA JOSHI, JJ.

DATED : 16th October, 2018.

Learned counsel for the petitioner submits that main prayers in this petition are to issue direction to respondent nos.1 and 2 to register the FIR against the accused and to investigate the same. The learned APP on the earlier date submitted that FIR is already registered and charge sheet is filed before the competent court. The said statement is made on 21st September, 2018. Record reveals that on that date, none was present for the petitioner.

Today learned counsel for the petitioner is present and in view of statement by learned APP as aforesaid, submits that the petition can be disposed of as petitioner's purpose is served, wherein he had prayed for registration of FIR and of its investigation, which prayer is satisfied. Learned counsel for the petitioner on instructions further makes a statement that the petitioner is not pressing for other prayers of taking action against police constable-Bhajikhaye and for grant of compensation of Rs. 5 lakhs to be paid to the petitioner from respondent no.1 In view of the statement made as aforesaid, we find that prayer

clauses (i) and (ii) are already satisfied; whereas petitioner has not pressed prayers (iii) and (iv) of the petition. The petition is therefore disposed of, with no order as to costs. JUDGE JUDGE sahare