Dismissed

Anna Durai Raman and Anr. v. Adarsh Industrial Estate and Ors.

Bombay HC23 Sept 2015WP/2353/2015

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking a direction to file an FIR by granting liberty to the petitioners to approach the police station to lodge a complaint under Section 154 CrPC.

What did the court decide?

Petitioners granted liberty to approach Malad Police Station to lodge a complaint under Section 154 CrPC; police directed to record statement and communicate decision within 7 days.

Anna Durai Raman and Anr. Vs Adarsh… — Constitutional and Fundamental Rights | Bombay HC (2015)

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907-2353-2015.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO.2353 OF 2015

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Mr. Anna Durai Raman & Ors.

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..Petitioners.

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Versus

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Mr. Mohan Marutirao Deshmukh & Ors. ..Respondents.

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Ms. Jyoti L. Jethwani, advocate for petitioners. Mrs. S.V.Sonawane, APP for the State.

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Mr. Parvez Menon i/by MGM Legal, advocate for respondent no.2. Mr. H.C.Pimple, advocate for respondent no.6-BMC. Mr. J.G.Reddy, advocate for respondent no.10.

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Coram : RANJIT MORE & R.G.KETKAR, JJ. Date : 23^rd September, 2015.

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P. C. :

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The learned counsel for the petitioners having taken instructions from her clients who are present in the Court makes a statement that petitioners are restricting this petition to the reliefs claimed in prayer clause ( c ) only and she is not pressing the relief claimed in prayer clause ( b ) at this stage and in respect of that prayer, she seeks liberty to file separate petition. Leave with liberty as prayed for, is granted.

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2 Relief claimed in prayer clause ( c ) reads as follows:

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“c. This Hon'ble Court be pleased to issue Writ of Mandamus or a Writ in the nature of Mandamus, or any other appropriate Writ or order or direction

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907-2353-2015.doc

to the respondent no.5 ordering and directing them, to file an 'FIR' against the respondent no.1,2,3,4,6,7,8,9,10 and their anti-social elements for committing the aforesaid serious criminal offences by collusion and connivance with each other.”

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3 The learned APP states that petitioners have not filed any complaint under Section 154 of the Code of Criminal Procedure, 1973. The counsel for petitioners, however, state that petitioners' complaint is not taken on record by the police.

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4 In the circumstances, we dispose of this petition by passing the following order:

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(I) Petitioners are at liberty to approach Malad Police Station, Malad (West) to give report under Section 154(1) of the Code of Criminal Procedure, 1973. Petitioners, who are present in the Court today state that they will approach said police station on Tuesday i.e. on 29.9.2015. Statement accepted.

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(II) In-charge officer of the Malad Police Station shall thereafter record statement of the petitioners and if the same discloses commission of cognizable offence, he shall take appropriate decision.

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907-2353-2015.doc

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(III) In-Charge officer of the Malad Police Station shall communicate his decision to the petitioners within a period of 7 days from the date of decision.

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[R.G.KETKAR, J.] [RANJIT MORE, J.]

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CERTIFICATE

Certified to be true and correct copy of the original signed judgment/order.

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Anna Durai Raman and Anr. v. Adarsh Industrial Estate and Ors.

Case brief

What is this about?

What did the court decide?

Anna Durai Raman and Anr. v. Adarsh Industrial Estate and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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