Sanchu Murlidhar Menon v. The State Of Maharashtra And ORS

SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 264 OF 2014 Sanchu Murlidhar Menon ....Petitioner versus The State of Maharashtra and ors.

....Respondents Mr. Ajit R. Pitale, advocate for the petitioner. Mrs. M. M. Deshmukh, APP for the State.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATED : 14th JULY, 2015.

P.C.:

The petition is filed for following reliefs:

(a) this Honourable Court may be pleased to call for the records and proceedings of the C.R.No.I-84 of 2013 dated 16.07.2013 registered at N.R.I.Sagari Police Station and after examining the legality and propriety thereof, this Honourable Court be pleased to direct the Respondent to transfer the said investigation to any other officer of any branch other than the Respondent No.7 and 8 of Economic Offences Wing, Navi Mumbai;

(aa) this Honourable Court may be pleased to call for the records and proceedings of C.C.No. from the file J.M.F.C., Vashi, and after examining the legality and propriety thereof, this Honourable Court may be pleased Shubhada S Kadam 1/3

to quash and set aside the Additional Charge-sheet and investigation arising from the C.R.No.I-84 of 2013 dated 16.07.2013 registered at N.R.I.Sagari Police Station, so far as Petitioner is concerned, which is conducted by Respondent No.7 and 8;

b) this Honourable Court may be pleased to direct the Respondent No.6 to take congizance of the complaint dated 13.09.2013 and 30.10.2013 lodged with Anti Corruption Bureau, Mumbai against Respondent No.7 and 8 and investigate the same;

As far as relief claimed under prayer clause (a) is concerned, charge-sheet is already filed and, therefore, same will not survive. In this regard, the petitioner is at liberty to file appropriate proceedings before the trial Court.

So far as relief claimed under prayer clause (aa) is concerned, the petitioner has an alternative remedy to file discharge application before the trial Court. We are, therefore, not inclined to entertain this prayer.

By relief claimed under prayer clause (B), the petitioner has sought direction to take cognizance of his complaint dated 13.09.2013 and 30.10.2013.

2.

Mrs. Deshmukh, learned APP stated that the complaints are already inquired into by the ACP, Criminal Branch. If that be so, the Shubhada S Kadam 2/3

decision arrived at in respect of those complaints shall be communicated to the petitioner within a period of one week from today. 3.

In view of the above, the petition is disposed of. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Shubhada S Kadam 3/3