Shilpa Ramanath Pai v. The State Of Maharashtra And ANR

osk 914-wp-3265-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3265 OF 2017 Shilpa Ramanath Pai ...

Petitioner V/s.

The State of Maharashtra & Anr.

...

Respondents • Mr.Vivan Karma for the Petitioner.

• Mr.V.B. Konde-Deshmukh, A.P.P. for the Respondents-State. • P.I. Utekar, MIDC, Police Station and API Nilima Jadhav, Meghwadi Police Station are present.

CORAM : RANJIT MORE & DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 23rd NOVEMBER, 2017.

P.C. :

1] Heard Mr.Karma, learned counsel for the Petitioner and Mr.Konde-Deshmukh, learned A.P.P. for the Respondents-State. 2] This petition is filed for transfer of investigation in FIR bearing C.R. No.211 of 2017 registered at MIDC Police Station, Andheri (East) punishable under Section 376(2)(i) of the Indian Penal Code, 1860 and under Sections 4, 6 and 10 of the Protection of Children From Sexual Offences Act, 2012.

3] The above Writ Petition was placed before this Bench on 1st November, 2017 and during the course of hearing learned A.P.P. 1/2

osk 914-wp-3265-2017.odt made a statement that investigation of subject FIR would be transferred to ACP, Meghwadi Division and the same would be supervised by the DCP, Zone-X.

4] Accordingly, we directed Senior Police Inspector, MIDC Police Station to handover all the papers of the subject crime to the ACP, Meghwadi Division, Mumbai, in order to enable him to carry out further investigation and take immediate action in accordance with law.

5] Mr.Konde-Deshmukh, learned A.P.P. for the State made a statement that the investigation in the subject FIR is in progress. The Investigating Officer has arrested both the accused and they are presently in judicial custody. In support of his statement, he placed on record a Report dated 23rd November, 2017, submitted by the ACP, Meghwadi Division, Mumbai. The same is taken on record. 6] In the light of the above, learned counsel for the Petitioner fairly concedes that the Petitioner's grievance raised in the petition, no more survives and the petition need not be kept pending. 7] Writ Petition is, accordingly, disposed of.

[DR.SHALINI PHANSALKAR-JOSHI, J.] [RANJIT MORE, J.] 2/2