Krishna B Gowda v. Rishabraj Toughcons City Homes Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4559 OF 2024 Krishna B Gowda & Ors.

.... Petitioners V/s.

Rishabraj Toughcons City Homes Pvt. Ltd.

& Ors.

.... Respondents by NILAM SANTOSH KAMBLE Date: 2024.12.13 18:11:55 +0530 NILAM SANTOSH KAMBLE ---- Mr.Mutahar Khan a/w Mr.Sachin Mhatre, Mr.Rochelle Fernandes, Ms.Diksha Shirodkar, for the Petitioners. Mr.V.B. Konde Deshmukh, APP, for Respondent-State. ---- CORAM : REVATI MOHITE DERE & SHIVKUMAR DIGE, JJ.

DATE : 12th DECEMBER 2024 P.C:- .

Heard learned counsel for the parties.

2.

Learned counsel for the Petitioner at the outset, does not press for prayer Clause (b) and other interim reliefs, since, the Petitioner intends to adopt appropriate proceedings before the appropriate forum/Court as may be permissible in law. Accordingly, we make it clear that we are not considering prayer Clause(b) and the other interim reliefs, as sought. N.S. Kamble Page 1 of 3

3.

As far as prayer Clause (a) is concerned, the Petitioner seeks a direction to the Respondent No.8 the Senior Police Inspector, Malad (West) Police Station, to register an FIR on the basis of the Petitioner's complaint as against Respondent Nos.1 to 7. 4.

Learned APP on instructions, states that the Police have registered an FIR on 1st October 2024. He states that, the investigation of the said case has been handed over to PI, Mr.Manoj Patil only on 7th October 2024. Mr.Patil, PI attached to Malad (West), Police Station, who is present in Court assures that the investigation will be done fairly, impartially and expeditiously and will be taken to its logical end. 5.

Learned APP on instructions states that the concerned officer will consider whether the provisions of the MPID Act would apply to the facts of the case or not and thereafter, take appropriate steps. Statement accepted. 6.

In view of the aforesaid, nothing survives for N.S. Kamble Page 2 of 3

consideration in this Petition. The Petition is accordingly disposed of in the aforesaid terms.

[SHIVKUMAR DIGE, J.] [REVATI MOHITE DERE, J.] N.S. Kamble Page 3 of 3