Ashok Dhirajlal Shah And ORS v. The State Of Maharashtra And ANR

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.983 OF 2018 Ashok Dhirajlal Shah and Ors.

...Applicants

Versus

State of Maharashtra and Anr.

...Respondents

Mr.Ateet Shirodkar, for the Applicants.

Mr.K.V.Saste, A.P.P. for the Respondent No.1 - State. P.I. - C.V.Tendulkar, Bhandup Police Station. CORAM : B.P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 28th JANUARY, 2019 P.C. :

1.

Heard learned counsel for the Applicants for some time and learned A.P.P.

2.

In view of fact at hand, CCTV footages and complaint earlier lodged by the Applicants, we are inclined to direct Respondent No.1- State to complete the investigation at the earliest.

2/3 3.

Learned A.P.P. upon instructions from Investigating Officer has fairly informed that alleged CCTV footage will also be examined along with CDR records. He points out that Irfan, who is claimed to have entered the Society on that day is still not traced out. He adds that various pleas by way of defence are also examined and investigation is being conducted impartially.

4.

The alleged incident is of April, 2017. A period of more than one year eight months has already expired.

5.

In this situation, as investigation is being done properly and impartially, we direct the Investigating Officer to complete it as per law, at the earliest. While conducting investigation, pleas raised in defence before this Court by the Applicants shall also be kept in mind. However, before filing any final report in Competent Court, parties shall be given advance intimation of 15 days.

3/3 6.

With these directions and keeping all contentions open, we dispose of the present Application.

REVATI MOHITE DERE, J.

B.P. DHARMADHIKARI, J.