Rohitkumar Ukey S/O Kashinath ... vs State Of Mah. Thr. Pso Ps Taherpur ...
2023 Latest Caselaw 4323 Bom

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

               CRIMINAL APPLICATION (APL) NO. 502 OF 2023
                      Rohitkumar Ukey s/o Kashinath Ukey and Ors.
                                           Vs.
        State of West Bangal, Thru. PSO, PS Taherpur, Tah. & Dist. Nadia and Ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                Court's or Judge's Orders.
or directions and Registrar's orders.
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                             Mrs. K. Sharma, Advocate for applicants.
                             Mr. V.A. Thakare, APP for respondent/State.

                                          CORAM        : VINAY JOSHI, AND
                                                         BHARAT P. DESHPANDE, JJ.

                                          DATE         : 27.04.2023.


                                          Heard.

2. The applicants are seeking to quash FIR in Crime No.331/2022, which is registered with Police Station situated in the State of West Bengal. We took preliminary objection about maintainability of the writ for which the cause of action is registration of FIR in the State of West Bengal.

3. In this regard, it is submitted that the entire allegations constituting the offence punishable under Section 498-A, allegedly occurred within jurisdiction of this Court. Moreover, it is submitted

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2/2 11.apl502.2023

that merely because family members of informant are staying at West Bengal. The FIR is registered at said place, hence, writ is maintainable. In support of said contention reliance is placed on the decision of this Court in case of Sandip s/o Sushilkumar Navlani and ors. Vs. State of Maharashtra and Ors. 2020 CJ (Bom) 133. Moreover, the applicants desires to rely on more judgments of Supreme Court on the some issue.

4. Stand over to 02.05.2023.

                                       JUDGE                        JUDGE




Prity