Kishor Ashok Kamble v. The State Of Maharashtra And ORS.

06-WP-2619-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2619 OF 2018 Kishor Ashok Kamble ... Petitioner

Versus

The State of Maharashtra And Ors.

... Respondents Mr.V. S. Tadake, for the Petitioner.

Mrs. P. P. Shinde, APP, for the Respondent - State. API-Shabnam Mujawar, Devrukh Police Station, Ratnagiri, present. CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 24th SEPTEMBER, 2024 P. C. :

Heard learned Counsel for the parties.

By this petition, the petitioner seeks a direction to the Murshi Police Station, Ratnagiri, to register an FIR as against the respondent Nos. 5 to 9 for giving false affidavit before the Special Executive Magistrate, Sangameshwar, Devrukh. The said affidavit is at Exh.D, at page No. 21.

REKHA PRAKASH PATIL Rekha Patil 1/2 REKHA PRAKASH PATIL Date: 2024.09.26 14:40:53 +0530

06-WP-2619-2018.odt Learned APP, on instructions, states that the police after conducting a preliminary inquiry, have come to a conclusion that the dispute is of a civil nature and accordingly, have communicated the said decision to the petitioner vide letter dated 29th September, 2018.

In view of the aforesaid decision, nothing survives for further consideration in the petition. Petition is dismissed. Needless to state that it is now open for the petitioner to adopt appropriate remedy, as may be maintainable in law, before the appropriate forum/Court.

We make it clear that we have not gone into the merits of the affidavit or the complaint made by the petitioner to the police and as such, all contentions of all parties are kept open. Petition is disposed of accordingly.

PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

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