Thomas Paily Machukuzhiyil v. State Of Maharashtra And ANR

14-WP-3683-2025-(CR).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by SUNNY ANKUSHRAO THOTE Date:

2025.07.28 12:33:33 +0530 SUNNY ANKUSHRAO THOTE CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3683 OF 2025 Thomas Paily Machukuzhiyil

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Imran Mubarak Shaikh, Ms. Sana Siddiquee, Mr. Jaazib Waheed Aziz, Advocate for the Petitioner.

Mr. Rutuja Ambekar, APP for the Respondent/State. Mr. Amit Munde, Spl. P.P. a/w Adv. Jai Vohra, for Respondent No.2/CBI.

Mr. Gagandeep Singh, Sub-Inspector, CBI, ACB, Mumbai, present. CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.

DATE : 24th JULY, 2025 P.C. :- 1.

This matter was heard for some time. As on date, we do not find any such glaring aspects which would convince us that, either the Investigating Officer is not performing his duties or that a higher agency needs to be entrusted with the responsibility of the investigation.

2.

The learned Advocate for the Petitioner submits on instructions from the Petitioner present in the Court hall, that the SUNNY THOTE

14-WP-3683-2025-(CR).odt Petitioner desires to withdraw this Petition. 3.

In view of the above, this Writ Petition is disposed off as withdrawn, on instructions. We clarify that in the event the Petitioner is able to make out a glaring case or can cite such aspects from the investigation with substantiation, that the investigation has not been done properly or a higher authority is required for the investigation, the Petitioner may avail of a remedy, as is permissible in law. The withdrawal of this Petition would not be an impediment. 4.

The Petitioner would also be at liberty, by following the due procedure laid down in law, to seek the implementation of the order dated 19th June, 2024, passed by the learned JMFC, Panvel, (Court No.6) below Exhibit-01 in Criminal M.A. No.1265 of 2023. (GAUTAM A. ANKHAD, J.) (RAVINDRA V. GHUGE, J.) SUNNY THOTE