Zakir Jabbar Khan v. Inspector Of Police Khar Police Station And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1518 OF 2015 Mr.Zakir Jabbar Khan ..Petitioner v/s.

The Inspector of Police, Khar Police Stn. & Ors..

..Respondents Mr. Ashish Dubey i/b. Mr. Kartik S. Garg for the Petitioner. Mrs.M.H.Mhatre, APP for the Respondent/State. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : JUNE 17, 2015.

P.C.

1.

Heard learned Counsel for the petitioner and the learned APP for the State. The petition is filed seeking drection to transfer the investigation of C.R.No.23 of 2015 from Khar Police Station to any other competent authority. The transfer is sought on the ground that the offence is registered under Section 324 IPC though the material on record discloses commission of offence under Section 307 of IPC. It is further submitted that as only Section 324 was made applicable, pps

914 wp 1518-15.doc the accused were released on bail the same day, 2.

Learned APP, having taken instructions submits that the chargesheet is already filed under Section 307 of IPC. She further submits that an application was also filed for cancellation of the bail. However, the same was rejected.

3.

In the light of the above circumstances, we do not find that this is a fit case for transfer of the investigation. Writ petition is accordingly dismissed.

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