Shraddha R. Bidaye v. The State Of Maharashtra And ORS

903 cri wp 1438-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1438 OF 2017 Shraddha R. Bidaye ..Petitioner v/s.

The State of Maharashtra & Ors.

..Respondents Mr. Vijay Patil with Mohan Tekawade, Swati Tekavade, Nimit Sharma, Anjali Mishra and Pintu Chaurasia for the Petitioner. Mrs.M.M.Deshmukh, APP for the Respondent-State. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : 13th APRIL, 2017.

P.C.

1.

Heard. By this petition under Article 226 of the Constitution of India, the Petitioner is challenging the Order dated 16th March, 2017. By the said Order, the Joint Commissioner of Police, Law and Order, Mumbai, under the directions of the Commissioner of Police, transferred the investigation of C.R.No. 23 of 2017 from Tilak Nagar Police Station to N.M.Joshi Marg Police Station. A perusal of the file discloses that the investigation was transferred at the instance of the pps

903 cri wp 1438-17.doc accused. When we had expressed our displeasure over transfer of the investigation at the instance of the accused without there being any compelling circumstances, the learned APP assured us that the concerned Authority would re-consider the issue. 2.

Accordingly, today the learned APP has placed on record the Order dated 12th April, 2017, passed by the Joint Commissioner of Police, Law & Order, Mumbai. By the said Order, the investigation of the subject FIR is re-transferred to Tilak Nagar Police Station from N.M.Joshi Marg Police Station.

3.

In the light of the above, the learned Counsel for the Petitioner states that the grievance raised in the petition no more survives. Hence the petition is disposed of.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) pps