PARMANAND DASHRATH NIKUMBH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Shobhit Shukla, learned Advocate for the Petitioner and Ms. Pallavi Dabholkar, learned APP for Respondent No. 1-State.

(2.) Mr. Shobhit Shukla, learned Advocate for the Petitioner, states that Respondent No.2 was the Complainant. He submits that the Respondent passed away on 1/2/2022. He submits that, upon his demise, no rights would devolve to his legal representatives therefore, he submits that there is no need to substitute any legal representative of Respondent No.2. He seeks leave to delete Respondent No.2. He mentions that during the lifetime of Respondent No.2, he had filed an Application before the Sessions Court in Miscellaneous Complaint No.112 of 2006, requesting the withdrawal of the complaint. He submits that the Sessions Court, by a detailed order dtd. 14/9/2007, permitted the withdrawal and consequently dismissed the Miscellaneous Complaint No.112 of 2006. Mr. Shobhit Shukla, learned Advocate, therefore states that this Petition can be heard without substituting Respondent No.2. At the Petitioner's risk, leave is granted to delete Respondent No. 2. Mr. Shobhit Shukla states that the amendment will be carried out forthwith. Permission granted.

(3.) By this Petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereafter "Cr.P.C."), the Petitioner assails the order dtd. 11/8/2006 (hereafter "impugned order") passed by the Special Judge, Sessions Court for Greater Mumbai (hereafter 'Sessions Court') in Miscellaneous Complaint No.112 of 2006, by which the Sessions Court allowed the Application filed by Respondent No.2 under Sec. 156(3) of Cr.P.C. and directed the Investigation Officer to register an FIR and the consequent FIR No.49/2006 registered with the Anti-Corruption Bureau, Mumbai (hereafter "impugned FIR") for offences punishable under Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 (hereafter "P. C. Act 1988"), and Ss. 167, 406, 463, 464, 467, 468, 471, 420 read with Sec. 120 (B) read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter "IPC").