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Bombay High CourtWP/1275/2022disposed off

Zahir Ahmed Shaikh v. The Commissioner Of Mumbai And ORS.

2022-09-26Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1275 OF 2022 Zahir Ahmed Shaikh

...Petitioner

UMESH SHRINIWAS MALANI

Versus

UMESH SHRINIWAS MALANI Date: 2022.09.27 14:52:32 +0530 The Commissioner of Mumbai and Ors

...Respondents

***  Ms. Kritika Agarwa i/by Mr. Mateen Shaikh for the Petitioner.

 Ms. M. M. Deshmukh, APP, for the Respondent - State.  Mr. Sadanand Yerkar, PI, Unit 5, Kurla Crime Branch is present.

*** CORAM:PRASANNA B. VARALE & N. R. BORKAR, JJ DATE:SEPTEMBER 26, 2022 PER COURT :

1.

The Petitioner by way of present Petition has prayed for direction to transfer the investigation of FIR No. 60/2022 from Dharavi Police Station to Crime Branch, Mumbai. It appears that copy of the Petition was supplied to the office of the Public Prosecutor. Accordingly, the officer from the Crime Branch is present today.

2.

The learned APP invited our attention to the two office orders dated 25/05/2022 and 27/05/2022. The

same are taken on record and marked 'X' Collectively for identification.

3.

Vide office order dated 25/05/2022 the Commissioner of Greater Bombay was pleased to transfer the investigation of Crime No. 60/2022 to Crime Branch, Mumbai with immediate effect and the Senior P.I of Dharavi Police Station was then directed to handover all the papers of investigation to crime branch, Mumbai. In turn, the Joint Commissioner of Police, Crime Branch passed office order dated 27/05/2022 and directed the In-charge Police Inspector, Unit 5, Crime Branch, Mumbai to collect all the necessary papers from PI Dharavi Police Station and start the investigation with immediate effect.

4.

The investigating officer is informed to submit the plan of investigation to the Joint Commissioner of Police, Crime Branch, Mumbai and Deputy Commissioner of Police, Crime Detection Branch, Mumbai and Assistant Commissioner of Police, Crime Detection Central Branch are instructed to monitor the investigation.

5.

In view of these two orders, it can safely be said that the grievance of the Petitioner is duly redressed.

6.

In view of the above, Writ Petition is disposed of.

(N. R. BORKAR, J.) (PRASANNA B. VARALE, J.)