Harnish Surendra Chadderwala vs State Of Maharashtra
2022 Latest Caselaw 9827 Bom

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            SANJAY
CHITRA      SONAWANE
SANJAY      Date:
SONAWANE    2022.09.27
            10:24:35                         1               32-ABA-2451-2022.doc
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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 2451 OF 2022

    Harnish Surendra Chadderwala                    ..   Applicant.
                        Vs.
    State of Maharashtra                            ..   Respondent.
    (At the instance of Rabodi
    Police Station, Thane, Maharashtra)

                                        ...
    Mr.Raja Thakare, Senior Advocate, i/b Siddharth Jagushte for the
    applicant.
    Smt.Veera Shinde, APP for the State.
    Sr.P.I. Santosh A. Ghatekar, I.O. is present.
                                             ...
                                    CORAM : BHARATI DANGRE, J.

DATE : 26th SEPTEMBER, 2022.

P.C.:

1. On being asked whether Rabodi Police Station, Thane can take cognizance of the complaint, learned APP has placed reliance upon the Judgment of the Allahabad High Court, in the case of Om Hemarajani Vs. State of U.P., 2004(3), Crimes 378 where a view is taken that offence was committed by an Indian citizen abroad and the accused came to India, the Court in India will have the jurisdiction, and the place of offence or residence has no significance.

2. Learned APP states that let the applicant report to the Investigating

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Officer since he has been issued a notice under Section 41-A of Cr.P.C.

3. Learned Senior Counsel states that he has reported to the concerned police station as well as to the Crime Branch and his statements are also recorded.

4. Let the Investigating Officer first ascertain whether he has jurisdiction to entertain the offence in question and he shall file an affidavit to that effect, within 2 weeks from today.

5. In the meantime, no coercive steps shall be taken against the applicant.

6. Re-notify on 17.10.2022.

[SMT. BHARATI DANGRE, J.]

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