Shashikant Malu Pankar v. The State Of Maharashtra And ORS

WP3220_15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3220 OF 2015 Shashikant Malu Pankar ... Petitioner Vs.

State of Maharashtra and others ... Respondents Mr. Vipin Kamdi for Petitioner.

Mr. K. V. Saste, APP for Respondents-State.

CORAM: RANJIT MORE & R. G. KETKAR, JJ.

DATE : 15th OCTOBER, 2015.

P.C.:

Heard Mr. Kamdi, learned Counsel for petitioner and Mr. Saste, learned APP for respondents-State.

2.

The petition is filed seeking direction to the respondent No.2 Police Station to file their investigation report forthwith before the learned Additional Chief Metropolitan Magistrate, 4th Court, Girgaon, Mumbai as per the order dated 30.11.2013 passed under Section 156(3) of the Code of Criminal Procedure, 1973. Petitioner has also sought directions to the respondent No.2 Police Station to conduct the investigation in F.I.R.No.3 of 2014 and to file charge-sheet under Section 176(3) of Cr.P.C. before the appropriate Court.

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WP3220_15.doc 3.

Mr. Saste, upon taking instructions from the Investigating Officer, A.P.I. Mr. Sanas, V. P. Road Police Station, who is present in the Court, states that subsequent to the order under Section 156(3) of Cr.P.C. in petitioner's complaint bearing C.C.No.101/SW/2013, F.I.R.No.3 of 2014 came to be registered at V.P.Marg Police Station. Thereafter, investigation was carried out and completed and 'C' Summary Report was filed. He has also placed on record a report dated 15.10.2015 submitted by Senior Police Inspector, V. P. Marg Police Station for our perusal. Report supports Mr. Saste's contention.

4.

In the above circumstances, Petition is rendered infructuous and is disposed of as such. Petitioner is, however, at liberty to file Protest Petition before the concerned officer.

[R. G. KETKAR, J.] [RANJIT MORE, J.] Minal Parab 2/2