Samarjit Samrendra Bose And Anr vs Rbl Bank Ltd., And Anr
2022 Latest Caselaw 8376 Bom

                        rsk                               1                   22-WP-2524-22.doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                      WRIT PETITION NO.2524 OF 2022

                        Samarjit Samrendra Bose and Anr.              ..... Petitioner
                             Vs.
                        RBL Bank Ltd. and Anr.                        ..... Respondents


                        Mr. Rishabh Shah a/w. Mr. Anshul Anjarlekar, Ms. Saakshi Saboo
                        i/b Mr. Raval Shah for the Petitioner.
                        Mr. Nikhil Rajani i/b V. Deshpande & Co. for Respondent No.1.
                        Mr. A. R. Kapadnis, APP for Respondent-State.
                        Mr. Kadam, PSI, EOW Pune.

                                            CORAM : REVATI MOHITE DERE &
                                                    SHARMILA U. DESHMUKH, JJ.

                                            DATE      : 25th AUGUST 2022.


                        P. C.

1. The grievance of the petitioner in the aforesaid

petition is, that without registration of an FIR, the police could not

have issued summons under section 160 of Cr.P.C., to the

petitioner. In support of the said submission, learned counsel for

the petitioner relied on the judgment of the Apex Court in the case

of Kulvinder Singh Kohli vs. State of NCT of Delhi & Ors. 1. He Digitally signed by RAJESHWARI submits that summons/notice under section 160 can be issued by RAJESHWARI SUBODH SUBODH KARVE KARVE Date:

the police officer only after the registration of an FIR. He further 2022.08.29 16:03:14 +0530

12022 SCC Online Delhi 1766 rsk 2 22-WP-2524-22.doc

submitted that the police have till date, not registered the FIR, as

against the petitioner and hence no notice could have been issued

under section 160 of Cr.P.C..

2. Learned APP for the respondents does not dispute the

legal position as contended. Learned APP, on the instructions of

Mr. Kadam, PSI, EOW, Pune, who is present in Court, submits

that the said notice issued to the petitioner under section 160 of

Cr.P.C. will be withdrawn and thereafter summons/notice will be

issued in accordance with law. Statement accepted.

3. In view of the statement made by the learned APP, on

instructions of Mr. Kadam, PSI, EOW Pune, nothing survives for

further consideration in the petition.

4. The petition is accordingly disposed of.

5. All concerned to act on the authenticated copy of this

order.

SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.