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2021 Supreme(Bom) 703

S.S.SHINDE, M.S.KARNIK
Priyanka Singh – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr.Vikas Singh, Sr. Advocate a/w Mr.M.V. Thorat i/b Mr.M.V.Thorat, for the Petitioners / Mr.Satish Maneshinde a/w Ms.Namita Maneshinde, for Respondent No.2 / Mr.Devdatta Kamat, Sr.Advocate a/w Mr.Deepak Thakre, PP, Mr.S.R.Shinde, APP a/w Mr.J.P. Yagnik, APP, Mr.Rajesh Inamdar and Mr.Hemant Shah, for Respondent No.1 – State / Mr.Anil C.Singh, ASG a/w Mr.Sandesh Patil a/w Mr.D.P. Singh, for Respondent No.3 – CBI.

JUDGMENT

M.S. Karnik, J. - Rule. Rule is made returnable forthwith. Heard finally with consent.

2. This Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (for short 'CrPC) takes an exception to the FIR no. 576 of 2020 registered at Bandra police station, Mumbai for offences punishable under Section 420 , 464, 465, 466, 474, 468, 306, 120B, read with 34 of INDIAN PENAL CODE and Sections 8 (C) , 21, 22A, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short' NDPS Act').

3. The Petitioners pray for quashing of the FIR on the following set of facts.

4. It is the case of the Petitioners that they suffered untimely and unfortunate demise of their brother Shri Sushant Singh Rajput on 14/6/2020. Petitioner No.1 is a lawyer. Petitioner No.2 is an ex-cricketer had represented the State of Bihar. It is the case of Petitioners that, they find themselves in midst of controversy as a result of registration of an impugned FIR based on unfounded allegations, unsubstantiated facts and a misleading complaint which is clearly a counterblast to the FIR filed by Petitioner's father against Respondent No.2 being FIR No.241/202

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