Arshad Ahmed Mohammed Ilyas Siddiqui And ANR v. The State Of Maharashtra And ANR

26-wp535-2023-modified.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.535 OF 2023 Arshad Ahmed Mohammed Ilyas Siddiqui & Anr.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Niranjan Mundargi i/by Mr. Veerdhawal Deshmukh for the petitioners.

Mr. A.R. Patil, APP for respondent no.1/State. Mr. Prakash N. Ghag for respondent no.2.

Digitally signed by ATUL GANESH KULKARNI Date:

2023.04.03 14:12:05 +0530 ATUL GANESH KULKARNI CORAM :AMIT BORKAR, J.

DATED :MARCH 17, 2023 P.C.:

1.

Leave to amend. Amendment to be carried out forthwith. 2.

By the impugned order, learned Metropolitan Magistrate 66th Court, Andheri, Mumbai has directed re-investigation of the offences in relation to which the prosecution had filed closure report. Such order was passed based on protest petition filed by the original informant. It is well settled that the Magistrate has no power to direct re-investigation.

3.

In that view of the matter, the impugned order cannot be sustained. The impugned order dated 7th January 2023 passed by the learned Metropolitan Magistrate 66th Court, Andheri, Mumbai

26-wp535-2023-modified.doc in N.C. Summary Case No.768 of 2021 is quashed and set aside. 4.

The writ petition is disposed of in above terms. No costs. (AMIT BORKAR, J.) Note: This order is modified as per order dated 31st March 2023 to correct N.C. Summary Case Number in paragraph 3.