Rajesh Himatlal v. The Commissioner Of Police And ORS

osk 35-wp-1047-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1047 OF 2016 Suresh Kakadya Nankar ...

Petitioner V/s.

The Commissioner of Police & Ors.

...

Respondents WITH CRIMINAL APPLICATION NO. 27 OF 2017 IN WRIT PETITION NO. 1047 OF 2016 Rajesh Himatlal ...

Intervenor/Applicant In the matter between Suresh Kakadya Mankar ...

Petitioner V/s.

The Commissioner of Police & Ors.

...

Respondents Mr.Vinay Bhanushali with Ms.Archana Karmokar i/b. Divya Shah Associates for the Petitioner.

Ms.S.D. Shinde, APP for the State.

Mr.R.N. Kachare for the Intervenor/Applicant. Mr.Prashant Marde, Asst.Commissioner of Police, Dahisar Division, Mumbai.

CORAM : RANJIT MORE & DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 16th MARCH, 2017.

P.C. :

1] Heard.

2] This petition is filed for transfer of investigation into the FIR No.220 of 2011 registered with Dahisar Police Station. Learned 1/2

osk 35-wp-1047-2016.odt APP, on instructions, makes a statement that after completion of investigation into the said FIR, "C" Summary Report is filed before 26th Metropolitan Magistrate Court at Borivali. Notice of the Report is also given to the Petitioner.

3] In the above circumstances, Petitioner is always at liberty to contest the said "C" Summary Report. In the event, the Petitioner contest the said "C" Summary Report, Magistrate shall dispose of the "C" Summary Report expeditiously after giving an opportunity to the Petitioner.

4] Writ Petition is, therefore, disposed of.

5] In view of disposal of Writ Petition, nothing survives in the Criminal Application and, accordingly, the Criminal Application is also disposed of.

[DR.SHALINI PHANSALKAR-JOSHI, J.] [RANJIT MORE, J.] 2/2