Mumtaz Naseruddin Sayed v. The State Of Maharashtra And ANR.

bipin prithiani 17-wp-716.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BIPIN DHARMENDER PRITHIANI Date: 2023.02.10 10:41:35 +0530 BIPIN DHARMENDER PRITHIANI CRIMINAL WRIT PETITION NO. 716 OF 2021 Mumtaz Naseruddin Sayed ...

Petitioner

Versus

The State of Maharashtra & Anr.

...

Respondents ****** Mr. Mikdad A. Zummerwala for the Petitioner.

Mr. V. B. Konde-Deshmukh, APP for the Respondent-State. API Madhuri Pate, Naya Nagar Police Station.

****** CORAM: NITIN W. SAMBRE AND R. N. LADDHA, JJ.

DATE : 9th FEBRUARY, 2023 P.C. :- .

We have heard the counsel for petitioner. Pursuant to the experience of the petitioner in the matter of investigation of her complaint, this Court has issued notice and stayed the further investigation.

2.

After having looked into the allegations made against the respondent no.2-Police Inspector of the Police Station, we have posted query to learned APP, who states on instructions that the respondent no.2 was transferred way back in 2020 and the investigation of the present offcence is not carried out as there was a stay to the investigation ordered by this Court.

3.

Learned APP on instructions submits that by 31st March, 2023,

bipin prithiani 17-wp-716.21.doc the entire investigation will be completed. In case, the evidence sufficient to prosecute the accused is found, the accused will be chargesheeted, else report under Section 169 of Code of Criminal Procedure shall be submitted of which written intimation shall be given to the petitioner on or before 31st March, 2023.

4.

In the aforesaid background, having regard to the prayer made in the petition, we are of the view that the grievance is stands redressed. The petition accordingly stands disposed of, having accepted the statement made by the learned APP as referred above. 5.

Needless to clarify, the complainant has already undertaken to appear before the Investigating Officer Ms. Madhuri Pate, API attached with the respondent no.1-Police Station. The petitioner shall appear before the Investigating Officer on 13th February, 2023 at 10:00 a.m. [R. N. LADDHA, J.] [NITIN W. SAMBRE, J.]