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Bombay High CourtWP/835/2017others disposed off

Shantaram Aanaji Chavan v. The State Of Maharashtra And ORS

2019-02-27Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

rsk 1/2 27-2-WP-835-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.835 OF 2017 Shantaram Aanaji Chavan

...Petitioner

vs.

The State of Maharashtra and Ors.

...Respondents

---- Mr. Nikhil P. Mallelwar i/b Mr. Sachin Pawar for the Petitioners. Mr. S. R. Shinde, APP for the Respondent No.1/State. Mr. Amit A. Gharte for the Respondent No.2.

---- CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 27/02/2019.

P.C.:

.

Respondent No.2 in Writ Petition No.2836/2016 has filed the present petition for expediting the investigation and for transfer thereof. We have refused to intervene in WP No.2836/2016 today. Ad-interim direction not to file charge-sheet issued therein is therefore vacated. 2.

Facts show that the petitioner was required to approach the police authorities and thereafter the Court of JMFC for direction to investigate. Learned counsel for the petitioner states that till date there is no progress in the matter.

3.

Learned APP appearing for the State Government is seeking time as instructions are still awaited.

4.

We find that learned JMFC (Cantonment) Court, Pune has on 9/3/2015 issued directions under section 156(3) of Cr.P.C. in Regular

rsk 2/2 27-2-WP-835-17.doc Criminal Case No.56/2015.

5.

As interim orders have been vacated today, we direct the concerned PI of Hadapsar Police Station to comply with directions issued by learned JMFC and to submit appropriate report within a period of two months from today.

6.

Needless to mention that request of petitioner for change of Investigating Agency is kept open and with liberty to the petitioner to approach again, if any, grievance arise, we dispose of the petition. (REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J.)