Bhanubai Shantilal Makwana v. Administrator Of Dnh And Daman And Diu And ORS.

Sherla V.

31_wp.2746.2021.doc VISHWANATH SATYANARAYANA SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE VISHWANATH SATYANARAYANA SHERLA Date: 2021.09.29 15:32:14 +0530 CRIMINAL WRIT PETITION NO.2746 OF 2021 Bhanubai Shantilal Makwana ... Petitioner Vs.

Administrator of DNH and Daman & Diu & others ... Respondents Ms.Prabha Badadare with Mr.Jayant Bardeskar for the Petitioner Mr.K.V. Saste, APP, for Respondent - State Mr.H.S. Venegaonkar for Respondent - Union of India CORAM: S.S. SHINDE & N.J. JAMADAR, JJ.

DATED: SEPTEMBER 29, 2021 P.C.:

1.

Heard Ms.Badadare, learned Counsel appearing for the petitioner and Mr.Venegaonkar, learned Counsel appearing for Respondent Nos.1 to 3.

2.

On the previous date, the learned Counsel appearing for Respondent Nos.1 to 3 had made a statement that the First Information Report had already been registered and the investigation was underway. Ms.Badadare, learned Counsel appearing for the petitioner, had sought time to take instructions.

31_wp.2746.2021.doc 3.

Ms.Badadare submits that the Investigating Officer has not taken into consideration the statement which the petitioner had made in the month of August, 2021.

4.

Since a submission is made on behalf of the respondents that the investigation has commenced and statements of few witnesses have been recorded, the grievance of the petitioner would be redressed if a further statement of the petitioner is recorded.

5.

The learned Counsel appearing for the petitioner submits that the petitioner would appear before the Investigating Officer on Monday, the 4th October, 2021, for recording further statement. 6.

In view of the above, nothing survives for further consideration. The Investigating Officer may record the further statement of the petitioner and proceed with the investigation in accordance with law.

7.

With the aforesaid clarification, the petition stands disposed of.

(N.J. JAMADAR, J.) (S.S. SHINDE, J.)