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Bombay High CourtWP/15/2017others disposed off

Pushpanjali W/O. Sitaram Mishra v. The State Of Maharashtra And ANR

2018-07-13Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice R.M. Savant.3 pages

Digitally signed by Shagufta Qutbuddin Pathan Date:

2018.07.17 10:38:43 +0530 Shagufta Qutbuddin Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 15 OF 2017 Pushpanjali w/o Sitaram Mishra

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Ashok M. Saraogi for the Petitioner Mrs. A. S. Pai, A.P.P for the Respondent-State CORAM : R. M. SAVANT & REVATI MOHITE DERE, JJ.

FRIDAY, 13th JULY, 2018 P.C. :

The above Writ Petition has been filed for transfer of the investigation from the Thane Railway Police Station to the CBI or other special investigating agency.

A missing complaint has been registered in respect of the son of the Petitioner. The son of the Petitioner went missing on 22nd May 2016. An FIR being C.R No. 414 of 2018 has also been registered for the offence punishable under Section 363 of the Indian Penal Code on 16th February 2018.

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The Investigating Officer, as per our directions, has submitted a report dated 12th July 2018 to this Court. The report elaborately refers to the steps which have been taken by the investigating agency to locate the body of the Petitioner's son. The said steps are mentioned in the concluding part of the said report from item Nos. 1 to item No. 6. The investigation as regards location of the missing body of the son of the Petitioner was inter alia carried out having regard to the CCTV footage of the Railway Stations in question which are relevant, as the son of the Petitioner, it seems, was travelling from Ghatkopar to Mumbra. The statements recorded of the copassengers and the search carried out in Kalwa creek by the use of the private motor boats in respect of which it is stated that the husband of the Petitioner had accompanied the investigating team. We are satisfied with the manner in which the investigation and the efforts to locate the body of the son of the Petitioner has been carried out. The report lastly states that the investigation is ongoing.

We, therefore, do not deem it appropriate to keep the above Petition pending. On the conclusion of the investigation, the investigating agency may file an appropriate report in the concerned Court. 2/3

With the observation as aforesaid, the Writ Petition is disposed of.

REVATI MOHITE DERE, J.

R. M. SAVANT, J.

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