Shakuntala Sakharam Bherle v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2392 OF 2015 Smt. Shakuntala Sakharam Bherle .. Petitioner v/s.

The State of Maharashtra & Ors.

..Respondents Mr. Sanjeev Sawant a/w B.K. Barve, Sandeep Barve, Archana Lad, Sheetal Tanpure i/b B.K. Barve & Co. for the petitioner Mrs. U.V. Kejriwal, APP for respondent State CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 15th JULY, 2015.

P.C.

1.

The present petition is filed for further investigation under Section 173(8) of the Cr.P.C. in respect of the FIR No.I-299 of 2014 registered with Kalyan Taluka Police Station, Dist. Thane. It is not in dispute that the investigation into the said FIR is completed and charge-sheet is already filed.

2.

The Magistrate has powers under Section 173(8) of the Cr.P.C. to order further investigation. The petitioner is always at Uday S. Jagtap

2392-15-wp=.doc liberty to approach the Magistrate by resorting the said provision. In the event, petitioner makes such application, the learned Magistrate shall decide the same independently and on its own merits as expeditiously as possible.

3.

Subject to above, the Writ Petition is disposed of. (ANUJA PRABHUDESSAI, J.) ( RANJIT MORE, J.) Uday S. Jagtap