Lalaso Bali Javier v. Ashok Sidhya Salhi And ORS

8 WP 3276.15.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3276 OF 2015 Lalaso Bali Javier ....Petitioner versus Ashok Sidhya Salhi and ors.

....Respondents Mr. Narendra V. Sharma, advocate for the petitioner. Ms. S. D. Shinde, APP for the State.

CORAM : RANJIT MORE & SMT.ANUJA PRABHUDESSAI, JJ.

DATE : 30th MARCH 2017.

P. C. :

The petition is filed seeking direction to transfer the subject crime.

2.

Ms. Shinde, learned APP, on instructions, makes a statement that the subject crime was investigated and B summary report is filed before the concerned magistrate. The statement is accepted. 3.

In view of the above statement, the petitioner is always at liberty to file a protest petition and persuade the magistrate to pass an order for further investigation under Section 178 of the Code of Criminal Procedure, 1973.

4.

In the above circumstances, we are not inclined to entertain this petition in exercise of extraordinary jurisdiction conferred upon this Court under Article 226 of the Constitution of India. The writ petition is, accordingly, dismissed.

Shubhada S Kadam 1/2

8 WP 3276.15.doc 5.

Needless to mention that the concerned magistrate shall decide the said protest petition independently on its own merits and in accordance with law.

(SMT. ANUJA PRABHUDESSAI, J.) [RANJIT MORE, J.] Shubhada S Kadam 2/2