Anil S/O Shankarrao Tidke vs The Dy. Commissioner Of Police ...
2022 Latest Caselaw 3807 Bom

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                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             : NAGPUR BENCH : NAGPUR.

                        CRIMINAL WRIT PETITION NO. 152 OF 2022
                             ANIL S/o SHANKARROA TIDKE
                                        VERSUS
               DY. COMMISSIONER OF POLICE (EOW), NAGPUR AND ANOTHER
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Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Shri S. P. Bhandarkar, Advocate for the petitioner.
                          Shri M. K. Pathan, A. P. P. for respondent nos.1 and 2.

                          CORAM : V. M. DESHPANDE and AMIT B. BORKAR, JJ.

DATE : APRIL 07, 2022.

1. Heard Shri S. P. Bhandarkar, learned counsel for the petitioner.

2. The learned counsel has invited our attention to paragraph 8 of the judgment delivered by the Coordinate Bench of this Court on 26.11.2019 in Criminal Writ Petition No. 937/2018. He submitted that in view of the observations made in paragraph 8 of the judgment, the Police Station Officer of Police Station, Sakkardara, Nagpur has registered a crime vide Crime No. 58/2020 for the offence punishable under Sections 406, 520 read with Section 34 of the Indian Penal Code.

3. He submitted that the Police Station Officer one Shri H. K. Ghadge has issued a letter to the petitioner dated 15.02.2022 and he invited our attention to item no.5 of the said letter. He submitted that as on today no summery report is filed by the Investigating Officer before any jurisdictional Magistrate.

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4. In that view of the matter, we are of the view that it is a fit case wherein, prima facie, prayer (a) of the petition can be considered.

5. Hence, issue before admission notice to the respondents.

6. Shri M. K. Pathan, learned Additional Public Prosecutor waives service on behalf of respondent nos.1 and 2 and prays for time to file response to the petition.

7. Place this matter beyond summer vacation.

8. In the meantime, the learned Additional Public Prosecutor shall file reply.

                         JUDGE                     JUDGE
Diwale


                       Digitally signed
                       by PARAG
          PARAG        PRABHAKARRAO
          PRABHAKARRAO DIWALE
          DIWALE
                       Date: 2022.04.08
                       11:33:14 +0530