Abdul Samad A.A. Qureshi And ANR v. The State Of Maharashtra And ANR

rsk 1/1 35-WP-703-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.703 OF 2016 Abdul Samad A. A. Qureshi and Anr.

...Petitioners

vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr.Kamlesh Y. Mali for the Petitioners.

Mr. K. V. Saste, APP for the Respondent-State. ---- CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 07/01/2019.

P.C.:

.

It is not in dispute that the complainant and the petitioner No.1 have both expired. The complainant is respondent No.2 and petitioner No.1 was the accused and petitioner No.2 is alleged to be the other accused. The incident has taken place on 20/1/2016 and offence under sections 323 and 506(2) r/w 34 of IPC has been recorded against both the petitioners.

2.

Admittedly, offence under section 506(2) of IPC is cognizable. Hence, in this situation we refrain from observing anything on merits of the controversy and direct Respondent No.1-State to complete investigation within a period of 2 months in accordance with law. With these directions and keeping all contentions of the petitioner No.2 open, we dispose of the present matter.

(REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J.)