Babasaheb Duraji Hiwale vs The State Of Maharashtra And Ors
2023 Latest Caselaw 3137 Bom

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            SHAGUFTA
   2023:BHC-AS:9678-DB
SHAGUFTA Q PATHAN
Q PATHAN Date:
            2023.03.31                                                              23-WP-1544-2022.odt
            11:50:12
            +0530

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                  CRIMINAL WRIT PETITION NO. 1544 OF 2022


                   Babasaheb Duraji Hiwale                                 ...Petitioner
                        Versus
                   The State of Maharashtra & Ors.                         ...Respondents


                   Mr. Sandesh More for the Petitioner

                   Ms. P. P. Shinde, A.P.P for the Respondents-State


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

WEDNESDAY, 29th MARCH 2023

P.C :

1 By this petition, the petitioner seeks a direction to the

respondent Nos. 3 and 4 to register an FIR as against respondent

No. 2 i.e. API Mr. Sandip S. Warhade.

2 Learned A.P.P has filed an affidavit of Mr. A. M.

Wagh, Police Inspector attached to Crime Branch, Unit-I, Nashik

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23-WP-1544-2022.odt

City. In the said affidavit, it is stated that the police after

investigation, have filed `A' Summary report i.e. Accidental

Summary Report on 17th January 2022. Learned A.P.P states that

the said Accidental Summary Report has been accepted by the

concerned Court. She further states that in view of the

conclusion arrived at by the police, the aforesaid petition would

not be maintainable.

3 Without going into the merits of the petition, in view

of the judgment of the Apex Court in Sakiri Vasu v. State of

Uttar Pradesh1, we do not deem it appropriate to entertain the

aforesaid petition and instead, permit the petitioner to avail of

the alternate remedy available to him, as permissible in law.

4 The petition is accordingly disposed of with liberty as

aforesaid.

1    AIR 2008 SC 907

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            5                 Needless to state that we have not gone into the

merits of the petition and as such, all contentions of all the parties

on merits, are kept open.

6 All concerned to act on the authenticated copy of this

order.

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

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