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Bombay High CourtWP/901/2023dismissed

Deepika Ritesh Oswal v. State Of Maharashtra And ORS

2023-07-07Hon'Ble Justice Revati Mohite Dere,Hon'Ble Ms. Justice Gauri Godse3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 901 OF 2023 Deepika Ritesh Oswal

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Amit Icham, for the Petitioner.

Mrs. P.P.Shinde, A.P.P for the Respondent-State. PN 3047 - Mansoor Akbarbhai Inamdar from Kondhwa Police Station, Pune.

CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 7 th JULY, 2023 P.C. :

1.

By this petition, the petitioner seeks the following substantive prayers;

"a) This Hon'ble Court be pleased to issue appropriate Writ, Order and/or Directions to the Respondent No.2,3 & 4 to conduct proper, fair and impartial investigation in respect of FIR bearing C.R.No. 59 of 2022 dated 28/04/2022 registered with Market Yard Police Station, 1/3

Pune, for the offences punishable under Sections 354A, 354D, 500 of the India Penal Code and under Sections 66(c), 67 of Information Technology Act and in respect of FIR bearing C.R.No. 1216/2022 dated 07/12/2022 registered with Kondhwa Police Station, Pune for the offences punishable under Sections 354, 354D, 500, 504, 506 of the Indian Penal Code and under Sections 66(c), 67 of Information Technology Act respectively;

b) This Hon'ble Court be pleased to issue appropriate writ, order and/or directions to the Respondent No.4 thereby directing the Respondent No.4 to take appropriate disciplinary action against the Respondent No.2 & 3 for not conducting proper investigation till date in respect of FIR bearing C.R.No. 59/2022 dated 28/04/2022 registered with Market Yard Police Station, Pune, for the offences punishable under Sections 354A, 354D, 500 of the India Penal Code and under Sections 66(c), 67 of Information Technology Act and in respect of FIR bearing C.R.No. 1216/2022 dated 07/12/2022 registered with Kondhwa Police Station, Pune for the offences punishable under Sections 354, 354D, 500, 504, 506 of the Indian Penal Code and under Sections 66(c), 67 of Information Technology Act respectively."

2.

Learned APP, on instructions, states that as far as C.R.No. 1216 of 2022 registered with the Kondhwa Police Station is concerned, the Police have filed chargesheet in the said case on 26th June, 2023.

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3.

It is not in dispute that as far as C.R.No. 59 of 2022 registered with the Market Yard Police Station, Pune, is concerned, in the said case also, the Police have filed chargesheet for the offences punishable under Sections 354A, 354D, 500 of the Indian Penal Code and the provisions under the Information Technology Act. 5.

Considering the aforesaid, nothing survives for further consideration in the aforesaid petition.

6.

The petition is accordingly disposed of.

GAURI GODSE, J.

REVATI MOHITE DERE, J.

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