Shirish Gangaram Patil v. The State Of Maharashtra And ANR

Talwalkar 48.APL.890.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 890 OF 2024 Shirish Gangaram Patil .....Applicant Vs.

State of Maharashtra And Anr.

.....Respondents Mr. Somnath R. Thengal, Advocate for Applicant. Mrs. Anamika Malhotra, Addl. P.P., for the Respondent-State. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 20th AUGUST, 2024.

P.C.:- 1) Issue notice to Respondent No. 2, returnable on 10th September 2024.

2) Learned Advocate for the Applicant is directed to supply spare copies of the Application in the Registry within a period of one week from today, failing which the Application shall stand dismissed without further reference to this Court.

3) Perusal of the First Information Report (Page 68) clearly indicates that, the private complaint filed in the Court of learned Magistrate by the Respondent No. 2 has been typed/copied as it is as the F.I.R., without 1/2

Talwalkar 48.APL.890.2024.doc even taking pains to delete irrelevant statements therein. It clearly shows the total non-application of mind by the concerned Police Officer who had recorded the said FIR 4) In view thereof, we direct the Superintendent of Police, Kolhapur to file his detailed reply to the Petition. The Superintendent of Police shall take into consideration the casual manner in which the First Information Report is recorded and shall adopt necessary remedial measures in that behalf.

4.1) This be done within a period of 3 weeks from today. 5) Stand over to 10th September 2024.

6) Till the returnable date, ad-interim relief in terms of prayer clause (c).

(DR. NEELA GOKHALE, J.) (A.S. GADKARI, J.) ARUNA SANDEEP TALWALKAR by ARUNA SANDEEP TALWALKAR Date: 2024.08.27 10:44:58 +0530 2/2