Aruna Digambar Narayankar v. The State Of Maharshtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3715 OF 2015 Aruna Digambar Narayankar.

..Petitioner.

Versus

State of Maharashtra & Others.

..Respondents.

Mr. P. B. Kakade for the Petitioner.

Mr. K. V. Saste, learned APP for the State.

Mr. Sudeep Pasbola i/b Rahul Arote for the Applicant in Application No. 504 of 2015.

Coram : RANJIT MORE & V. L. ACHLIYA, JJ.

Date : December 18, 2015.

P. C. :

1.

Heard learned Counsel appearing for the Petitioner and learned APP for the State. By this writ petition, the Petitioner is seeking transfer of investigation into FIR No. 254 of 2012 dated 20th October 2012. The learned APP submitted that charge-sheet is already filed in the said FIR and after framing of charges by the learned Sessions Judge, the prosecutrix has been examined. This statement is not disputed by learned Counsel appearing for the Petitioner. In these circumstances, we are not inclined to grant relief of transfer of investigation. Writ petition is, therefore, dismissed.

2.

Learned Counsel appearing for the Petitioner made a grievance that certain persons are not cited as witnesses by the patilsr 1 / 2

prosecution and prosecution is not willing to examine them either. We are of the view that the Petitioner, as a victim, can bring these facts to the notice of the learned Sessions Judge in the on going trial and raise her grievances.

3.

In view of the disposal of this writ petition, Intervention Application being CA No. 504 of 2015 taken out in this writ petition no more survives and the same is therefore dismissed.

[V. L. ACHLIYA, J.] [RANJIT MORE, J.] patilsr 2 / 2