Dhiraj Shamkumar Jaiswal v. The State Of Maharashtra

osk 11-wp-300-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 300 OF 2017 Dhiraj Shamkumar Jaiswal ...

Petitioner V/s.

The State of Maharashtra ...

Respondent Mr.S.B. Chandan for the Petitioner.

Mr.J.P. Yagnik, APP for the State.

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

DATE : 22nd MARCH, 2017.

P.C. :

1] Heard learned counsel for the Petitioner and learned APP for the State.

2] This petition is filed seeking direction to transfer the investigation in respect of CR No.88 of 2016 from Manmad Police Station to the local crime branch.

3] Mr.Yagnik, learned APP, on instructions, submits that the investigation into the said CR is already completed and charge-sheet is also filed. He further submits that, thereafter, charge is framed and trial is started and as on today, evidence of seven witnesses have been recorded.

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osk 11-wp-300-2017.odt 4] Be that as it may, the Petitioner earlier filed Writ Petition No.2686 of 2016 before the Division Bench of this Court for the similar relief. Said petition was disposed of while observing that, the Senior Officer will look into the grievance made by the Petitioner and decide the same. Subsequently, the grievance of the Petitioner was looked into by Senior Officer and, thereafter, the charge-sheet is filed.

5] That apart, learned APP also points out that the Petitioner is the husband of the accused. The charge-sheet is filed against the accused under Section 394 and 302 of the IPC on the basis of the evidence. Therefore, the petition is devoid of merits. 6] In the above circumstances, we are not inclined to entertain this petition in exercise of the jurisdiction of this Court and therefore, same is dismissed.

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