Amresh Madhukar Rao v. The State Of Maharashtra

910 wp 3590.17.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3590 OF 2017 Amresh Madhukar Rao ..Petitioner

Versus

The State of Maharashtra ..Respondent Mr. Rahul S. Kadam, advocate for the petitioner. Mr. K. V. Saste, APP for the State.

CORAM : RANJIT MORE & DR. SHALINI PHANSALKARJOSHI, J J.

DATE : 1st NOVEMBER, 2017.

P. C. :

The petition is filed for transfer of investigation of the subject FIR bearing CR No.511 of 2011 registered with Kothrud Police Station, Pune. Mr. Kadam, learned counsel for the petitioner submitted that though FIR discloses commission of offences under the MPID Act, the charge-sheet is filed only under Sections 406 and 420 read with Section 34 of the Indian Penal Code, 1860. Mr. Saste, learned APP, on instructions, submitted that subsequent to the filing of the charge-sheet, as per the order of the Court, Section 3 of the MPID Act is added in the subject FIR and further investigation is being carried by Mr.S. S.Khatke, Police Inspector.

Shubhada S Kadam 1/2

910 wp 3590.17.doc 2.

Considering the fact that the FIR is lodged in the year 2011 and the charge-sheet was filed after a period of six years i.e. in the year 2017, despite the fact that the FIR disclosed commission of offence under MPID Act, the provisions of the said Act was invoked only after express direction of the Special Court, we direct the Senior Police Inspector to carry out further investigation into the subject crime under the supervision of the DCP, Zone-I within whose jurisdiction Kothrud Police Station falls, as expeditiously as possible and file an appropriate report before the concerned Court. Ordered accordingly. 3.

In the light of the above order, the writ petition stands disposed off.

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