Abdul Rahim Abdul Latif Siddiqui v. The Commissioner Of Mumbai And ANR

by RUPALI RAJESH WAKODIKAR Date:

2023.08.03 17:09:07 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5232 OF 2022 Abdul Rahim Abdul Latif Siddiqui

...Petitioner

Versus

The Commissioner of Mumbai & Anr.

...Respondents

Ms. Muskan Shaikh i/b Mr. Mateen Shaikh, for the Petitioner. Mrs. P.P.Shinde, A.P.P for the Respondent-State. PSI Santosh Kamble, attached to Sion Police Station. CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 31 st JULY, 2023 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this petition, the petitioner seeks the following substantive reliefs;

"(a) That this Honourable Court be pleased to issue a writ of Mandamus or any other appropriate writ direction or order to transfer the investigation of said FIR No. 191/2022 from Sion Police Station to Crime Branch of 1/3

Mumbai Police and / or any competent agency, who will undertake fair investigation of the matter and take the said case to complaint to its logical conclusion against the said Accused and their hirelings and police officials, in the interest of justice;

(b) An explanation be called from the Respondent about their conduct and reasons for not arresting the said Mr. Mohammed Saud @ Pramukh and Faiz Ahmed Mehfuz; (c) A show cause of notice be issued against the Respondent as to why Contempt Proceeding is not to be initiated against as per the direction laid down by the Hon'ble Supreme Court in Lalita Kumari."

3.

Learned APP, on instructions, states that eight persons were arraigned as accused, in C.R.No. 225 of 2022, registered with the Sion Police Station, Mumbai, for the alleged offences punishable under Sections 307, 506(2), 120B, 323 r/w 34 of the Indian Penal Code; Sections 3 and 25 of the Arms Act; Section 37(1)(a) and 135 of the Maharashtra Police Act.

3.

She submits that out of eight accused, six accused were arrested and accordingly, chargesheet was filed against them on 18th August, 2022. She submits that two accused were absconding and that 2/3

out of the said two accused, one accused was granted pre-arrest bail by the Apex Court and the second accused Jumman Khan was arrested by the Police in June, 2023. She submits that the Police will investigate the case and file supplementary chargesheet against the said arrested accused. Statement accepted.

4.

In view of the aforesaid, nothing survives for further consideration in the aforesaid petition.

5.

The petition is accordingly disposed of.

6.

All concerned to act on the authenticated copy of this order.

GAURI GODSE, J.

REVATI MOHITE DERE, J.

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