Eknath Barku Padwal v. The State Of Maharashtra And ORS.

VARSHA DEEPAK GAIKWAD VARSHA DEEPAK GAIKWAD Date: 2023.03.21 10:22:16 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2234 OF 2018 Eknath Barku Padwal ...

Petitioner V/s.

The State of Maharashtra and Ors.

...

Respondents ------------------- Mr. S.K. Kamble a/w. Ms. Manisha Jadhav with Mr. Walchand Sawant with Mr. Rohidas Bhor for petitioner.

Ms.M.H. Mhatre -APP for the State.

--------------------- CORAM : SUNIL B. SHUKRE & ABHAY S. WAGHWASE, J.J.

DATED : MARCH 20, 2023.

P.C. :

.

Heard.

2.

It is not in dispute that according to the police, the investigation is over and the police now has filed "B" Summary report before the concerned Criminal Court. If that is so, it would be appropriate for the petitioner to appear before the concerned Criminal Court which is seized of "A" Summary report and oppose it by placing appropriate material before that Court. Unless and until a decision, one way or the other, is taken by the concerned Criminal Court on "A" Summary report, the prayer of the petitioner for transferring investigation to some other branch of police cannot be heard. We 1-wp-2234-18.doc varsha

therefore, relegate the petitioner to the concerned trial Court for addressing his grievance before that Court.

3.

We direct the Court of Judicial Magistrate First Class, Bhivandi, which is seized of '

A' summary report filed in Crime No. T98/2017, Bhiwandi Taluka Police Station, to give opportunity of hearing to the petitioner and thereafter, take a decision, in accordance with law on the basis of the report. The petitioner shall appear before the Court of Judicial Magistrate First Class, Bhivandi on 28th March 2023.

4.

The petition is dismissed in the above terms. (ABHAY S. WAGHWASE, J) (SUNIL B. SHUKRE , J) 1-wp-2234-18.doc varsha