Chandrakant Narayan Patil And ANR v. State Of Maharashtra And ORS

by RUPALI RAJESH WAKODIKAR Date:

2023.08.02 11:19:13 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 826 OF 2023 Chandrakant Narayan Patil & Anr.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Parth Modak i/b Mrs. Preeti Walimbe for the Petitioners. Mrs. P.P.Shinde, A.P.P for the Respondent-State. Mr. Pandhari Kavde, PI, Thane.

CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 31 st JULY, 2023 P.C. :

1.

By this petition, the petitioners seek the following substantive reliefs;

"(a)Issue a Writ in the nature of mandamus or any other appropriate Writ, order or direction in the nature of Writ directing the Respondent Nos.1,2 and 3 to transfer the investigation of the C.R. No. I- 1268 of 2022 registered with Thane Railway Police Station to an Independent Investigating Agency of the State;

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(b) Issue a Writ in the nature of mandamus, or any other Writ, order or direction in the nature of mandamus directing the Respondent Nos.1 and 2 to provide police protection to the petitioners;

(c) Issue a Writ in the nature of mandamus, or any other Writ, order or direction in the nature of mandamus directing the Respondent Nos.1 and 2 to conduct disciplinary action against the Police officers involved in the said matter."

2.

It appears that Police had filed a complaint at the behest of the petitioners being C.R.No. 1268 of 2022, registered with the Thane Railway Police Station, alleging offences punishable under Section 306 r/w 34 of the Indian Penal Code. It appears that the said investigation was transferred later to the Assistant Commissioner of Police, Thane.

3.

Learned APP informs that after investigation, the Police have filed '

A' Summary Report in the said case on 28th July, 2023, before the appropriate Court.

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4.

Considering the aforesaid i.e. the statement made by the learned APP, on instructions, nothing survives for further consideration in the aforesaid petition.

5.

The petition is accordingly disposed of.

6.

All concerned to act on the authenticated copy of this order.

GAURI GODSE, J.

REVATI MOHITE DERE, J.

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