Sumit Sampat Kamble v. The State Of Maharashtra And ORS

8. WP 1260-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1260 OF 2025 Sumit Sampat Kamble .. Petitioner

Versus

ANAND SUDHAKAR SUDAME The State of Maharashtra & ors.

.. Respondents Mr. Sanjiv Kadam, Senior Advocate i/b. Mr. A. T. Gade and Ms. Riya John, for the Petitioner.

by ANAND SUDHAKAR SUDAME Date:

2025.08.02 14:52:08 +0530 Mr. J. P. Yagnik, APP , for Respondent No. 1 - State. CORAM: RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.

DATE:

31st JULY, 2025 P. C.

1.

The Petitioner had approached the learned Metropolitan Magistrate in Criminal Miscellaneous Application No. 42 of 2023, invoking Section 156(3) of the Code of Criminal Procedure, 1973 (in short "Cr.P.C."). The learned Magistrate passed an Order directing the police authorities to cause an inquiry under Section 202 of the Cr.P.C.. The proposed Accused has moved the Criminal Revision Application. The same is pending.

Anand 1/2

8. WP 1260-2025.odt 2.

By this Petition, the Petitioner seeks the same relief which is sought by him in the pending proceedings before the learned Magistrate. The Criminal Revision Application Nos. 94 & 95 of 2023, are also pending before the learned Sessions Judge.

3.

In view of the above, seeking the same relief of initiating the proceeding under the provisions of 156(3) of the Cr. P. C. vide this Writ Petition, cannot be entertained.

4.

The learned Advocate for the Petitioner submits that deleted prayer Clause (a) be restored and prayer Clauses (b), (c) & (d) be deleted. In view of the above, leave to delete prayer Clauses (b), (c) & (d) and restore prayer Clause (a).

5.

In view of the above, this Petition would now lie before a learned Single Judge Bench.

[GAUTAM A. ANKHAD, J.] [RAVINDRA V. GHUGE, J.] Anand 2/2