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Bombay High CourtWP/2621/2022disposed off

Mahadev Piraji Bhise v. The State Of Maharashtra And ANR

2022-08-04Hon'Ble Justice Revati Mohite Dere,Hon'Ble Justice Sharmila U. Deshmukh3 pages

by RUPALI RAJESH WAKODIKAR Date:

2022.08.05 12:02:39 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2621 OF 2022 Mahadev Piraji Bhise

...Petitioner

Versus

The State of Maharashtra and Anr.

...Respondents

Mr. Vaibhav Gaikwad a/w T.S.Mali & Yash Naik for the Petitioner. Mrs. M.M.Deshmukh, A.P.P for the Respondent-State. Mr. Sanjeev P. Kadam for the Original Complainant. Mr.Ajit A. Borhade, Additional S.P. Satara.

CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

DATE : 4 th AUGUST, 2022 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this petition, the petitioner had impugned the order 1/3

dated 5th July, 2022 passed by the respondent No.2 - Superintendent of Police, Satara. The said order is at Exhibit-E to the petition. 3.

The grievance of the petitioner (Original Complainant) is that the investigation in C.R.No.92 of 2022, registered with the Dahiwadi Police Station, Satara, was transferred by the respondent No.2 - Superintendent of Police, Satara to the Dy.S.P. Mr.Ganesh Kindre SDPO, Satara Rural (Camp Koregaon) from Dr. Nilesh Deshmukh, SDPO, Dahiwadi Division Camp, Vaduj. He submits that initially, Dr. Nilesh Deshmukh was investigating the said case and that five days prior to filing of the charge-sheet, the impugned order transferring the case to Mr. Kindre was passed. 4.

Learned APP, on telephonic instructions from the Superintendent of Police, states that in addition to Mr. Kindre, Dr.Nilesh Deshmukh will be appointed to investigate the said C.R. i.e. C.R.No. 92 of 2022, registered with the Dahiwadi Police Station and that the same will be done by tomorrow i.e. 5th August, 2022. 2/3

5.

Learned Counsel for the petitioner has no objection, as long as Dr. Nilesh Deshmukh is also appointed to investigate the said case alongwith Mr. Kindre.

6.

Considering the aforesaid, the grievance of the petitioner stands redressed.

7.

It is expected that both the investigating officers investigate the aforesaid C.R. i.e. C.R.No. 92 of 2022, fairly and impartially. 8.

The petition is accordingly, disposed of.

9.

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

SHARMILA U. DESHMUKH, J.

REVATI MOHITE DERE, J.

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