Disposed
Frank Anthony Almeida @ Francis Anton Dalmet v. Police Inspector and Anr.
Bombay HCAPPW/132/2019
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from the order text
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3834 OF 2018 WITH CRIMINAL APPLICATION NO.132 OF 2019
Mr. Frank Anthony Almeida
...Petitioner
Vs.
Police Inspector, Waliv Police Station and Anr.
...Respondents
Mr. Satyajeet Mirajkar for the Petitioner.
Smt. S.D. Shinde, APP for the Respondent - State.
CORAM : B. P. DHARMADHIKARI &
SMT. SADHANA S. JADHAV, JJ.
DATE : 26th NOVEMBER 2019.
P.C.:
CRIMINAL APPLICATION NO.132 OF 2018
1As the learned counsel has agreed to argue Writ Petition
No.3834 of 2018 we recall order dated 11th February 2019 and restore the
writ petition back to file. Application is disposed of.
CRIMINAL WRIT PETITION NO.3834 OF 2019
2This writ petition has been dismissed for default on 11th
February 2019. It has been restored today as the learned counsel agreed to
argue the writ petition.
3Grievance is police have not taken further steps in FIR
registered on 7th August 2013 for offences under sections 465, 467, 468,
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471, 419, 420, 506 and 34 IPC.
4FIR mentions period of offences to be 24th August 2004 to 31st
December 2005.
5Contention is this FIR has been registered after orders under
section 156(3) Cr.P.C. Criminal Complaint No.417 of 2012 was filed before
J.M.F.C., Vasai sometime on 5th December 2012. Contention that pursuant
to directions therein FIR has been registered is not being substantiated.
6During arguments we find that civil suit in relation to very
same grievance was also pending then.
7In this situation, as pleadings in present petition and
documents annexed are insufficient, we find no case made out at this stage
in this matter.
8Criminal Writ Petition is accordingly disposed of.
(SMT. SADHANA S. JADHAV, J.) (B. P. DHARMADHIKARI, J.)
Mr. Frank Anthony Almeida
Police Inspector, Waliv Police Station and Anr.
B. P. DHARMADHIKARI
SADHANA S. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court