Tabassum Ubaidullah Khan @ Priya Vinay Ovhal v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1132 OF 2016 Tabassum Ubaidullah Khan ...

Petitioner Vs.

The State of Maharashtra ...

Respondent Mr. M.G.Shukla,Advocate for the petitioner Mr.V.B.Konde-Deshmukh,APP, for the State.

Mr. Ratnakar Sawant, PI, R.A.Kidwai Marg Police Stn. Mumbai.

CORAM:

SMT.SADHANA S.JADHAV, J.

DATE : 13th April, 2017.

P.C.

Rule. Rule made returnable forthwith with the consent of the parties.

2.

Learned APP submits that on 5.2.2017, the investigating agency had recorded the supplementary statement of Nargis Feroze Khan and on the b basis of the recitals in the said statement, the Investigating Officer has arrived at a conclusion that Section 313 of the Indian Penal Code needs to be added. The Investigating Officer is present in Cou4rt. 3.

The learned APP, upon instructions, submits that on the basis of the allegations, Nargis Feroze Khan was assaulted by the accused with fist and kick blows and with belt. Appropriate sections of the IPC would also be added.

Mhi 2 WP-1132-16.sxw 4.

The prayer in the present petition was to direct the respondent Police Authorities to conduct a detailed enquiry and register necessary offences against the accused by applying appropriate provisions of the Indian Penal Code. The fact that the learned APP has made a responsible statement on the basis of the allegations disclosed in the supplementary statement dated 5.2.2017, upon instructions by the Investigating Officer, the Petition is allowed in terms of prayer clause (b). Rule is made absolute. Writ Petition stands disposed of.

(SMT. SADHANA S.JADHAV, J.)