Deepak Saraf S/O Mr Shreevallabh Saraf v. Rakesh Makhija And ORS

2025:BHC-AS:19482-DB 12-wp-2288-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2288 OF 2025 Deepak Saraf S/o Mr Shreeva Llabh Saraf .....Petitioner Vs.

Rakesh Makhija & Ors.

.....Respondents Mr. M. K. Kocharekar, i/b. Mr. Prasad Panchal, for the Petitioner. Ms. S. S. Kaushik, APP, for Respondent No.20 to 23-State. Mr. Sunil Rane, PSI, Juhu Police Station is present. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 29th APRIL 2025.

P.C.:- 1.

By this Petition, the Petitioner is essentially aggrieved by the inaction of the police attached to the Juhu Police Station despite the directions given by the learned Judicial Magistrate First Class, 10th Court, Andheri, Mumbai vide order dated 16th July 2024 passed below Exh.1 in C.C.No.120/SW/2023 to conduct investigation in the matter and submit a report under Section 202 of the Code of Criminal Procedure.

2.

It appears that on the Petitioner's complaint, learned JMFC, 10th Court, Andheri, Mumbai on 16th July 2024 passed the following order:

Gaikwad RD 1/2

12-wp-2288-2025.doc "ORDER The Juhu Police Station is directed to conduct investigation in the matter and to submit report u/Sec. 202 of Cr.P.C." 3.

The grievance of the Petitioner is that despite the said order dated 16th July 2024, the police attached to the Juhu Police Station have not conducted any investigation. 4.

Learned APP, on instructions of PSI Sunil Rane states that the order will be complied with and an appropriate report will be submitted to the learned JMFC, as sought for under order dated 16th July 2024 within six weeks from today. Statement accepted. 5.

In view of the aforesaid, nothing survives for further consideration in this Petition.

6.

The Petition stands disposed off.

7.

We make it clear, that we have not gone into the merits of the Petition and as such, keep all other contentions between the parties on merits open.

(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Gaikwad RD 2/2 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 29/04/2025 20:42:29