Ali Asgar Mohammed Tahsildar v. The State Of Maharashtra And ANR

15 wp 2352.16.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2352 OF 2016 Mr. Ali Asgar Mohammed Tahsildar ..Petitioner

Versus

The State of Maharashtra and anr.

..Respondents Mr. Sushil Upadhyay i/b. Mr. Ashok M. Saroagi, advocate for the petitioner.

Mr. A. R. Kapadnis, APP for the State.

CORAM : RANJIT MORE & DR. SHALINI PHANSALKARJOSHI, J J.

DATE : 22nd NOVEMBER, 2017.

P. C. :

Heard learned counsel for the petitioner and learned APP for the State.

2.

The petition is filed for transfer of investigation of the FIR being MECR No.8 of 2013 registered with Malwani Police Station at Malad, Mumbai, at the instance of the respondent No.2. 3.

Mr. Kapadnis, learned APP, on instructions makes a statement that the investigation into the subject MECR is already completed and "C" Summary Report is filed on 17th October, 2017 before Shubhada S Kadam 1/2

15 wp 2352.16.doc the learned Metropolitan Magistrate, 24th Court at Borivali, Mumbai. The statement is accepted.

4.

In view of the statement, the remedy of the petitioner is to challenge the "C" Summary Report by filing protest petition. We are, therefore, not inclined to entertain this petition. The writ petition is, accordingly, dismissed.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2