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Bombay High CourtABA/523/2025allowed

Amit Yuvraj Karle v. The State Of Maharashtra

2025-03-03Hon'Ble Shri Justice Rajesh S. Patil2 pages

21-ABA-523-2025 (CR) .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. NO. 523 OF 2025 Amit Yuvraj Karle ...Applicant

Versus

The State Of Maharashtra

...Respondent

____________________________________ Mr. U P Gangurde i/b. Vikas Gangurde, Advocate for the Applicant. Ms. Pallavi N. Dabholkar, APP for the State.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 3 MARCH 2025 P.C.:

1.

The learned APP seeks a short accommodation as Mr. Sunil Wagh, the Investigating Officer of Panvel City Police Station, Navi Mumbai, is not present in Court today, nor has he provided any instructions. Therefore, she seeks an adjournment.

2.

Mr. Gangurde holding for Mr. Vikas Kharat, the learned Advocate for the Applicant submits that in the present proceedings, a closer report was filed by Kamothe Police Station on 24 December 2024. However, without disclosing the closer report, the informnat lodged a complaint with Panvel City Police Station. He submits that the proper remedy would have been to file an application before the learned Amol D. Nawale

21-ABA-523-2025 (CR) .doc Magistrate under Section 156 (3) of the Code of Criminal Procedure. However, instead of following this procedure, Panvel City Police Station took cognizance of the matter and proceeded further. 3.

He further submits that the entire facts were brought to the notice of the Sessions Court, and at least four dates were granted for the Investigating Officer to appear before the Sessions Court. However, the Investigating Officer failed to appear.

4.

The learned Advocate for the Applicant also submits that the entire amount mentioned in the present proceedings has already been paid by the Applicant to the Complainant. However, through fraudulent means, the same amount has been claimed again. He further alleges that the Investigating Officer is supporting the Complainant. 5.

Since the learned APP seeks an adjournment on the ground that Mr. Sunil Wagh, the Investigating Officer of Panvel City Police Station, is not present in Court today, 6.

Stand over to 11 March 2025 under the caption "For Urgent Circulation".

7.

In the meanwhile, no coercive steps will be taken against the Applicant till the next date of the hearing.

(RAJESH S. PATIL, J.) Amol D. Nawale