Girish Chandmalji Lodha v. State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 47 OF 2024 Girish Chandmalji Lodha

...Petitioner

V/s.

The State of Maharashtra And Anr.

...Respondents

Senior Advocate Sudeep Pasbola a/w Adv. Ramaprasad Deore a/w Adv. Rohin Chauhan a/w Adv. Chinmay Godse for the Petitioner. Mr. V. B. Konde-Deshmukh, Addl.P.P. for the Respondent - State. CORAM :

REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

DATE : 14 Th OCTOBER, 2025.

P.C. :- 1.

Since the Registry has not placed the copy of the petition before us, the copy of the aforesaid petition has been placed before us by Mr. V. B. Konde-Deshmukh, Addl P.P.. The said copy is taken on record.

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2.

Heard learned Counsel for the parties.

3.

By this petition, the petitioner seeks a direction to the respondents, more particularly the Deputy Commissioner of Police, Economic Offence Wing-I, Mumbai (Respondent No.4) to register an FIR on the basis of the petitioner's complaints dated 24th July, 2023 and 16th October, 2023 with a further direction to investigate the said F.I.R.

4.

Mr. Konde-Deshmukh, learned Addl.P.P. has tendered a photocopy of an affidavit filed by Daji Hariba Gadade, Police Inspector, EOW, Banking-3, Unit-11, Mumbai dated 24th January, 2024. The photocopy of the said Affidavit is taken on record. 5.

In para 6 & 7 of the said Affidavit, it is stated as under- "6. I say that the concerned officer in view of the fact, the petitioner has filed similar complaint before Co-operative Court and Hon'ble High Court, closed the inquiry and informed about the same to the Petitioner vide office letter dated 10.10.2023.

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7. I say that the Petitioner again gave another complaint addressed to Home Department, Office of Commissioner of Police and Joint Commissioner of Police, EOW, Mumbai. The said complaint was also inquired into by the concern office and since grievances of the Petitioner was similar as mentioned in the earlier complaint dated 24.07.2023. The inquiry of the said complaint was closed and informed to the Petitioner vide letter dated 29.11.2023".

6.

Mr. Konde-Deshmukh, learned Addl. P. P. states that the EOW has informed the petitioner of the closure of his complaint, so as to enable the petitioner to take appropriate steps in accordance with law. According to the petitioner, he has not received the closure letter. Hence, Mr. Konde-Deshmukh, learned Addl. P.P. states that he will again serve a copy of the same to the petitioner within two weeks from today. Statement accepted. 7.

Since the petitioner's complaints have been closed, nothing survives for further consideration in the Petition. It is now open for the petitioner to adopt appropriate remedy as may be permissible in law before the appropriate forum. 3/4

8.

We make it clear that we have not gone into the merits of the petitioner's complaints and as such kept all contentions of all parties on merits open.

9.

Petition is disposed of accordingly.

(SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) 4/4