Mohammed Yasin S/O Mohammed Nasim Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 442 OF 2015 Mohammed Yasin M. Naseem Shaikh.

..Petitioner.

Versus

State of Maharashtra.

..Respondent.

Mr. A. S. H. Khan for the Petitioner.

Mr. K. V. Saste, learned APP for the State.

Coram : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

Date : March 17, 2015.

P. C. :

1.

By this petition, the Petitioner is seeking direction to transfer the investigation of C.R.No. 205 of 2014 registered at Vikhroli Police Station to the Crime Branch, D.C.B.C.I.D., Mumbai. 2.

Learned APP for the State having taken instructions from the concerned officer, makes a statement that the investigation into the said C.R. was over and charge-sheet was already filed in the Court of Metropolitan Magistrate and case is not committed to the Sessions Judge. In the light of this position, the reliefs claimed in the petition no more survive for consideration. Hence, writ petition is dismissed. 3.

Of course, the Petitioner can always apply to the patilsr 1 / 2

concerned Judge or Magistrate for further investigation invoking the powers under section 173(8) of the Code of Criminal Procedure, 1973.

[SMT. ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.] patilsr 2 / 2