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Bombay High CourtWP/3297/2015others disposed off

Kantaben Narayan Patel v. The State Of Maharashtra And ORS

2016-08-02Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice Naresh H. Patil2 pages

1 of 2 WP.3297.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NI.3297 OF 2015 WITH CRIMINAL APPLICATION NO.499 OF 2015 Kantaben Narayan Patel Petitioner versus The State of Maharashtra and others Respondents Ms.M.J.Reena Rolland for Petitioner.

Mrs.S.V.Sonawane, APP, for State.

CORAM : NARESH H. PATIL AND PRAKASH D. NAIK, JJ.

DATE :

2nd August 2016 PC :

1.

The Petitioner who is mother of the victim girl, prays for further investigation in FIR No.239 of 2014 registered on 27 April 2014 with Nallasopara Police Station. Admittedly a charge sheet has been filed and charge is also framed. It is submitted that by communication dated 7 January 2015, the Petitioner has prayed for further investigation in the matter. The Petitioner is not satisfied with the way in which investigation was conducted. 2.

Learned counsel for Petitioner further states that an application was filed before the Trial Court for further investigation, which came to be rejected by the Trial Court. Learned APP submits that charge has already been framed and due to non co-operation of

2 of 2 WP.3297.2015 the Petitioner, the Trial Court could not commence the trial, though summonses are already issued.

3.

We have perused the record and considered the submissions. Without expressing any opinion on the merits, we direct Respondent no.5 Senior Inspector of Police, Nallasopara Police Station, Nallasopara (West) to look into the application submitted by Petitioner Kantaben Narayan Patel seeking further investigation in the matter. We direct the Respondent no.5 Senior Inspector of Police to take a decision on the same and communicate the same to the Petitioner as expeditiously as possible and on its own merits. 4.

With the above direction, the petition stands disposed of. In view of disposal of Writ Petition No.3297 of 2015, Criminal Application No.499 of 2015 does not survive and stands disposed of as such.

(PRAKASH D. NAIK, J.) (NARESH H. PATIL, J.) MST