Dipali Kunal Lokhande v. Kunal Ashok Lokhande And ORS

7 wp 227 of 2017.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.227 OF 2017 Deepali Kunal Lokhande .... Petitioner.

V/s.

Kunal Ashok Lokhande and ors .... Respondents Ms. Priyanka Dave, I/by R.S. Kate, for the petitioner.

Mrs. S. D. Shinde, APP for the Respondent State. CORAM : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 20th FEBRUARY, 2017.

P.C. :

1.

By this petition filed under 227 of the Constitution of India, the petitioner is seeking following relief :- "By appropriate writ or direction in the nature of writ, this Hon'ble Court be pleased to direct the investigation machinery to comply the order passed by Ld. JMFC, Pune, Khadki, dated 4.6.2015, below Exh.41 in RC No.322 of 2014".

2.

The learned Magistrate, by order dated 4.6.2016, directed the Investigating Officer to complete investigation and submit report on or 1/2

7 wp 227 of 2017.doc before 11.6.2016. The learned Magistrate also observed that if the Investigating Officer has not submitted further report, matter would proceed further as the Investigating Officer does not want to submit further report.

3.

Thus, the impugned order is self explanatory. The directions are given to the Investigating Officer, by the learned Magistrate to submit further report and if the same is not submitted then it would be presumed that he does not want to submit further report and the matter would proceed further.

4.

In the above circumstances, the petitioner cannot insist upon the implementation of the order dated 4.6.2016. The petition is without any merit and same is accordingly dismissed.

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