Salim Nevrekar S/O Mahmood Nevrekar v. The State Of Maharashtra And ORS

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2035 OF 2017 Salim Nevrekar s/o. Mahmood Nevrekar .Petitioner Vs.

The State of Maharashtra & ors.

.Respondents Mr. S. A. A. Naqvi, Advocate, for the Petitioner Mrs. A. S. Pai, APP, for the Respondents - State

CORAM

:

B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE :

08.03.2019 P.C.

.

Heard respective counsel.

2.

Perused order dated 01.08.2018. Today, report of Chief State Examiner of documents, CID, Maharashtra State, Pune dated 31.08.2018 is shown to us. Report only points out a need of more contemporaneous signatures to arrive at definite conclusion. Expert has opined that more contemporaneous signatures are required to understand the natural variation and characteristics for comparison to examine the questioned

signature.

3.

We, therefore, wanted to find out steps taken by investigating officer and Deputy Commissioner of Police, Zone III after 31.08.2018 in this direction. No such steps can be pointed out to us.

4.

After the report is received on 31.08.2018, investigating officer and concerned DYCP who were aware of direction of this Court dated 01.08.2018, could have placed those developments before this Court. Report has seen light of the day almost after six months. We, therefore, prima facie find that period of six months is lost unnecessary. This shown substance in contention of Petitioner that investigating agencies are not serious.

5.

In this situation, we forthwith transfer investigation to Crime Branch - Unit 3, Mumbai. Respondent Nos. 1 & 2 to immediately transfer papers to concerned office of Crime Branch and said office shall forthwith initiate necessary steps.

6.

We direct Respondents to pay to Petitioner costs of Rs. 5,000/- for the delay caused.

7.

Petition is, thus, partly allowed and disposed off. 8.

Petitioner to contact concerned office of Crime Branch- Unit No. 3, Mumbai on 25.03.2019.

(REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J. )