Smita Budhkar v. Yashwant Shivram Agate And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4465 OF 2016 WITH CRIMINAL WRIT PETITION NO.70 OF 2017 Smt. Smita Budhkar .... Petitioner versus Yashwant Shivram Agate & Ors.

... Respondents .......

• Ms.Vinaya V. Mukane, Power of Attorney of the Petitioner in person.

• Mrs.A.S. Pai, APP for the State/Respondent.

CORAM

: RANJIT MORE & SARANG V. KOTWAL, JJ.

DATE : 05th JULY, 2017.

P.C. :

1.

The learned APP on instructions of Assistant Commissioner of Police Mr.Nandkishor More, Borivali Division, makes a statement that "C" summary report filed in M.E.C.R. No.8/11 registered with Borivali Police Station, shall be withdrawn from the Court of concerned Magistrate and the said M.E.C.R. will be reinvestigated by Assistant Commissioner of Police Mr.Nandkishor More, Borivali Division. She also states that reinvestigation in the said M.E.C.R. would be carried impartially and expeditiously. The statement is accepted. Nesarikar

2 / 2 908-WP-4465-16.odt 2.

The Constituted Power of Attorney holder of the petitioner reiterates her grievance made in the petitions. She prays that the investigation of the said M.E.C.R. may be given to State Criminal Investigation Department.

3.

At this stage, we find that no case is made out for transfer of investigation. The prayer therefore cannot be entertained. 4.

In view of the above circumstances, petitions are disposed off.

(SARANG V. KOTWAL, J.) (RANJIT MORE, J.)