Trushali Jadhav v. The State Of Maharashtra And ORS

32 wp 1957.17.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1957 OF 2017 Trushali Jadhav ..Petitioner

Versus

The State of Maharashtra and ors.

..Respondents Ms.Trushali Jadhav, petitioner-in-person.

Mrs. Aruna S. Pai, APP for the State.

CORAM : RANJIT MORE & DR. SHALINI PHANSALKARJOSHI, J J.

DATE : 22nd NOVEMBER, 2017.

P. C. :

Heard the petitioner-in-person and learned APP for the State.

2.

The petition is filed for transfer of investigation into the FIR bearing CR No.383 of 2014 registered with Bharti Vidyapeet Police Station for the offences punishable under Sections 354, 392, 454 and 504 read with Section 34 of the Indian Penal Code, 1860. 3.

The learned APP, on instructions, makes a statement that earlier investigation of the subject FIR was completed and B Summary Report was filed before the concerned magistrate and this report was not accepted and the learned magistrate directed further investigation. Shubhada S Kadam 1/2

32 wp 1957.17.doc The concerned investigating officer thereafter carried further investigation into the subject FIR and again filed B Summary Report on 15th March, 2017 and the said report was accepted by the learned magistrate. The learned APP, in support of her submission, has placed on record a report dated 16th November, 2017, of the SPI, Bharti Vidyapeet Police Station, Pune.

4.

In the light of the above, we are not inclined to entertain this petition in exercise of jurisdiction conferred upon this Court under Article 226 of the Constitution of India, especially when the petitioner has an efficacious alternative remedy to challenge the acceptance of the B Summary Report before the Sessions Court. The petitioner-in-person submitted that she was not heard while disposing that B Summary Report. If that be so, the petitioner can always make grievance in this regard before the Sessions Court.

5.

In the light of the above, the petition is disposed off. [DR. SHALINI PHANSALKAR-JOSHI, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2