Bhavita Shah v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2658 OF 2016 Bhavita Shah.

..Petitioner.

Versus

State of Maharashtra.

..Respondent.

None for the Petitioner.

Mr. J. P. Yagnik, APP for the State.

Coram : Ranjit More & Dr. Shalini Phansalkar-Joshi, JJ.

Date : December 7, 2016.

P. C. :

1.

None for the Petitioner. Heard learned APP for the State. Petition is filed seeking direction to transfer investigation into FIR No.11 of 2015 registered with Juhu Police Station to any other Police Station.

2.

The petition was placed for orders on 29th September 2016 when this Court recorded the statement of learned APP appearing for the State that final report in the subject FIR would be filed within four weeks. Matter again appeared on board on 26th October 2016 when Court noted that investigation into the said FIR is pending since last more than one year and despite making statement, which was recorded in the order dated 29th September 2016, final report is not filed. The Court directed the DCP to look into the matter, supervise the investigation so that a final report can be filed at the earliest. patilsr 1 / 2

3.

Today, Mr. Yagnik, learned APP for the State placed on record report dated 7th December 2016 made by the Senior Inspector of Police, Juhu Police Station. The report discloses that investigation into the subject FIR is complete and charge-sheet is filed before the Metropolitan Magistrate, 10th Court Andheri on 1st December 2016 and proceedings are numbered as Criminal Case No. 3103/PW/2016. The report is taken on record. In the light of above, the Petitioner's prayer does not survive for consideration. The petition is rendered infructuous and the same is, therefore, dismissed.

[Dr. Shalini Phansalkar-Joshi, J.] [RANJIT MORE, J.] patilsr 2 / 2