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Bombay High CourtREVN/13/2024allowed

Namrath Nithyananda Shetty v. The Sr. Police Inspector And ANR.

2024-04-10Hon'Ble Shri Justice Milind N. Jadhav2 pages

by PALLAVI MAHENDRA WARGAONKAR Date:

2024.04.15 15:51:24 +0530 15-REVN-13-2024.doc PALLAVI MAHENDRA WARGAONKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.13 OF 2024 Namrath Nithyananda Shetty ...Applicant vs.

Police Inspector, Lonikand Police Station and Ors.

...Respondents

***** Mr. Amarlal H. Ramrakhiani i/b.

Vaibhav P. Shinde:

Advocate for Applicant.

Mr. Jignesh Gor:

Advocate for Respondent Nos.2 and 4.

Mr. V.N. Sagare:

APP for the State.

Mr. N.S. Ghorpade:

API Lonikand P.S. Pune City.

***** CORAM : S. M. MODAK, J.

DATE : 10th APRIL 2024 P. C. :- 1.

Today representative of Lonikand Police Station is present. Learned APP requests for grant of time to apprise the Court about the investigation so far as carried out by them as per order of the learned Magistrate. The inquiry was ordered under Section 202 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."). The contention of the Applicant is that the complaint was dismissed under Section 203 of Pallavi 1/2

15-REVN-13-2024.doc Cr.P.C. and the learned Magistrate has not waited till receipt of report under Section 202 of Cr.P.C. This grievance was very much available to the Applicant before the trial Court. It is submitted that this grievance was raised before the learned Magistrate. It can be pointed when the matter will be heard.

2.

The learned Advocate for Respondent Nos.2 and 4 seeks time. Their reply is already ready. Respondent No.5 is already served by the Police through N.M. Joshi Marg Police Station as submitted by the learned APP. It is their choice to appear in this matter or not. 3.

Let reply be filed in the office within two weeks and serve him a copy.

4.

Stand over to 29th April 2024.

[S. M. MODAK, J.] Pallavi 2/2