Ashfaq Alikhan Akbar Alikhan Mir And ANR. v. The State Of Maharashtra And ANR.

rsk 1/2 42-WP-2963-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2963 OF 2018 Ashfaq Alikhan Akbar Alikhan Mir & Anr.

..Petitioners vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr. P. R. Yadav for the Petitioners.

Mr.Jayant Bardeskar for the Respondent No.2. Smt. S. D. Shinde, APP for the Respondent.

Mr. Chaugule, PSI, Dadar P.stn.

---- CORAM : B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE : 26/11/2018.

P.C.:

.

Heard learned counsel for the petitioners and respondent No.2. Learned APP submits that investigation is still going on. The petitioners rely upon absence of their names in the FIR and also claim that on 26/3/2018 at 6.27 p.m. and 7.02 p.m. they were at far of place. They rely upon digital photographs to show this. 2.

Learned counsel for respondent No.2 points out that unknown persons are mentioned in the report. He claims that after investigation police have arrested petitioners and in test identification parade, the respondent No.2 has identified them. He also states that

rsk 2/2 42-WP-2963-18.doc they are arrested after the raid was conducted at hotel room on same day.

3.

The material on record prima facie shows need for further investigation. At this stage we cannot accept the contentions of the petitioners. We find no case made out for interference in extra ordinary jurisdiction. The Petition is rejected. (SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.)