Sharjeel Usmani vs The State Of Maharashtra
2021 Latest Caselaw 4698 Bom

Arjun M.                                                        42-WP 1162-21.doc

Kadam
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by            CRIMINAL APPELLATE JURISDICTION
Arjun M. Kadam
Date: 2021.03.16
11:26:30 +0530             CRIMINAL WRIT PETITION NO.1162 OF 2021

          Sharjeel Usmani                                    ... Petitioner

                   Vs.

          The State of Maharashtra & Anr.                    ... Respondents
                                              -----
          Mr. Mihir Desai, Sr. Advocate i/by Ms. Aditi Saxena for the Petitioner.
          Mr.J.P. Yagnik, APP for the State.
          Mr. Aniket Nikam a/w Mr. Piyush Toshnival for Respondent No.2.
                                              -----

                                           CORAM : S.S. SHINDE &
                                                    MANISH PITALE, JJ.

DATE : 15TH MARCH, 2021

P.C. :

1. We have heard Mr. Desai, the learned senior advocate for the

Petitioner at length.

2. Mr. Yagnik, the learned APP on instructions submits that the

inquiry is not yet completed. The notice is issued to the Petitioner under

Section 41 (1)(a) of the Cr.P.C. and pursuant to the said notice, once the

Petitioner appeared before the concerned police officer on 10 th March,

2021. On instructions, the learned APP submits that concerned police

officer want to make further inquiry/investigation. Mr. Desai, the learned

42-WP 1162-21.doc

senior advocate for the Petitioner on instructions of the Petitioner makes a

statement that the Petitioner shall make himself available for the inquiry

before the concerned police officer on 18th March, 2021 at 11.00 a.m. The

said statement is accepted. The concerned officer can proceed with the

inquiry/investigation on 18th March, 2021.

3. List the matter on 22nd March, 2021.

4. Insofar as the interim protection is concerned, Mr. Yagnik, the

learned APP submits that the concerned police officer is aware about the

judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs.

State of Bihar [(2014 8 SCC 273] and unless the mandate of the said

judgment and section41A, Cr.P.C. is followed, no coercive action will be

taken against the Petitioner. The said statement is accepted.

(MANISH PITALE, J.)                                (S.S. SHINDE, J.)