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2021 Supreme(Bom) 290

S.S.SHINDE, N.J.JAMADAR
Anil Vasantrao Deshmukh – Appellant
Versus
State of Maharashtra (through the Secretary, Home Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Amit Desai, Senior Advocate, a/w Mr. Kamlesh Ghumre, Mr. Prashant Pawar, Mr. Gopal Shenoy, Mr. Bhadresh Raju, Mr. Abhieet Sawant, Mr. Unmesh Breed, Mr. Anand Dagai, i/b Ms. Sonali Jadhav a/w Ms. Dipti Bhat
For the Respondent: Mr. Rafi Dada, Senior Counsel, a/w Mr. Darius Khambata, Senior Counsel, Mr. Deepak Thakre, PP, Mr. Akshay Shinde, Mr. Phiroz Mehta & Mr. Tushar Hathiramani, Mr. Aman Lekhi, ASG, a/w Mr. Anil C. Singh, Addl. SG, Mr. Aditya Thakkar & Mr. D. P. Singh, Dr. Jayshree Patil

JUDGMENT :

1. Rule. Rule made returnable forthwith and, with the consent of the Counsels for the parties, heard finally.

2. The petitioner, who is the former Home Minister of the State of Maharashtra, has preferred this petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, (for short “the Code”) for a writ, direction or order to quash and/or set aside First Information Report (for short “FIR”) bearing RC No.2232021A0003, dated 21st April, 2021, registered by the Central Bureau of Investigation (“CBI”) - respondent no.2, and all the consequent proceedings initiated pursuant to the said FIR. The aforesaid FIR came to be registered consequent to preliminary enquiry ordered by a Division Bench of this Court by order dated 5th April, 2021, in Writ Petition No.1541 of 2021, filed by Dr. Jayshree Patil – respondent no.3-inperson.

3. To begin with, it may be apposite to briefly note the circumstances in which the aforesaid order dated 5th April, 2021, directing a preliminary enquiry, came to be passed.

    (a) The genesis is in an FIR bearing CR No.35 of 2021, registered with Gamdevi Police Station, in connection with the occurrence wherei

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