Mohan Shetty v. Lalita Shetty And ORS

15-wp-1412-2017.odt rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1412 OF 2017 Mohan Shetty ...

Petitioner vs.

Mrs. Lalita Shetty & Ors.

...

Respondents Mr. Ashok Kumar Singh for the Petitioner.

Mr. Sathyanarayan for Respondent no.1 Mr. Vinod Chate, APP for the State.

CORAM : A. K. MENON, J.

DATE : 1 st JULY, 2017 P.C.:

1.

By this petition the petitioner seeks to challenge order dated 10 th February, 2017 whereby revision application made by the applicant therein - original complainant was allowed in part and order dated 20 th August, 2014 was set aside. Paragraph 3 of the order reads as follows :- "On filing the complaint Ld. Magistrate heard applicant and it revealed to him that investigation on earlier report lodged by applicant is pending. Further, documents referred are likely to be in the custody of the applicant. Moreover, the applicant has asked for forwarding complaint for investigation to CID. As such, taking note of aforesaid position Ld. Magistrate has declined to refer complaint 1/2

15-wp-1412-2017.odt for investigation to CID and on the other hand directed the applicant to file verification statement as per law so as to proceed with the complaint according to law.

2.

In the circumstances no prejudice whatsoever is caused to the present petitioner. Facts of the case do not warrant any interference in writ jurisdiction . (A. K. MENON, J.) 2/2