Sunil Padmakar Ghanekar v. The State Of Maharashtra And ORS

906-wp-2817-15 pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2817 OF 2015 Mr. Sunil Padmakar Ghanekar .. Petitioner Vs.

State of Maharashra and ors.

.. Respondents Ms. K. H. Rajani i/by Mr. Jaideep Thakkar for petitioner. Mrs. S. V. Sonawane, APP for State.

CORAM: NARESH H. PATIL & A. M. BADAR, JJ.

MARCH 11, 2016.

P.C.

Petitioner's grievance is that inspite of F.I.R. being registered on 31/8/2014, investigation is not complete. It is submitted that on some or the other pretext, the investigation is delayed. It is learnt by the petitioner that the Joint Commissioner of Police instructed the Investigating Officer not to complete the investigation as the parties are likely to compromise/settle the matter.

Prima facie, we find that the allegations made in the complaint are serious in nature. It is not for the Investigating Agency to wait for some possible settlement for such a long period of one and half years. The Investigating Agency shall discharge its duty in completing the investigating, either way.

906-wp-2817-15 On merits, we do not express any opinion in respect of the allegations made in the complaint. The learned APP submits that the Investigating Officer Mr. Manjeetsingh Bagga, PI, Naupada Police Station is present in the court. The learned APP, on instructions, states that within a week's time investigation will be completed.

In the facts of the case, we direct the Assistant Commissioner of Police of the concerned area to look into the matters. The final report shall not be filed without taking appropriate instructions from the ACP. In view of the statement made by the learned APP, on instructions of the Investigating Officer, the petition is disposed of. Learned APP to communicate this order to the concerned ACP. (A. M. BADAR, J.) (NARESH H. PATIL,J.)