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Bombay High CourtWP/718/2023disposed off

Anandrao Vilas Patil v. State Of Maharashtra And ORS

2023-04-11Hon'Ble Justice Revati Mohite Dere,Hon'Ble Justice Sharmila U. Deshmukh2 pages

rsk 1 10-WP-718-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.718 OF 2023 Anandrao Vilas Patil ..... Petitioner Vs.

State of Maharashtra and Ors.

..... Respondents Mr. Rahul S. Kadam for the Petitioner.

Mrs. P. P. Shinde, APP for Respondent-State.

Mr. Madhav Reddy, ACP, Div.-2, Solapur City.

CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

DATE : 11 APRIL 2023.

P. C.

1.

By this petition, the petitioner seeks the following substantive reliefs:

"A] that this Hon'ble Court under its Criminal Appellate Writ Jurisdiction under Article 226 of the Constitution of India 1950 be please to issue a writ of mandamus or any other appropriate Writ direction and order directing the respondents that to invoke section 420, 409 of the IPC, and relevant sections under the Arms Act against the accused person and they may be booked for the said offences.

B] that this Hon'ble Court under its criminal appellate extraordinary territorial jurisdiction under Article 226 of the Constitution of India 1950, be please to issue a writ of Mandamus or any other appropriate writ, order and direction thereby transfer of the investigation from the Respondent No.2 and 3 and hand it over to any other competent officer of equal range or the investigation to be controlled by the SP by RAJESHWARI SUBODH KARVE Date:

2023.04.15 10:53:02 +0530 RAJESHWARI SUBODH KARVE

rsk 2 10-WP-718-23.doc Solapur with direction that to invocation of Section 420, 409 and sections under Arms Act against the accused person.

C] that for dereliction of duty necessary investigation may be directed against respondent No.3 officer so also necessary departmental inquiry." 2.

Learned APP on instructions of ACP-Div.2, Solapur City submits that the police, after investigation, have filed "B" summary report in the said case. Learned APP has tendered a report dated 10/4/2023, evidencing the same. The same is taken on record.

3.

In view of the statement made by the learned APP and the report, nothing survives for further consideration in the petition. The petition is accordingly disposed of. SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.