Pratap Pundalik Kamath v. State Of Maharashtra And ORS

1 13 wp 3167 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3167 OF 2023 Pratap Pundalik Kamath ...

Petitioner

Versus

The State of Maharashtra and Ors.

...

Respondents .....

Mr.Amey C. Sawant a/w. Ms.Sayli Gangal, Advocate for the Petitioner.

Mrs.P.P. Shinde, APP for the Respondent-State. .....

CORAM : REVATI MOHITE DERE AND MANJUSHA DESHPANDE, JJ.

DATE : 06 FEBRUARY 2024 P.C. :

By this Petition, the petitioner seeks a directions to the respondent No.4 to carry out proper investigation in connection with C.R.No.819 of 2022, registered with the Samta Nagar Police Station, Kandivali (West), Mumbai. Direction is also sought as against the respondent No.4 to carry out proper investigation and add the respondent Nos.6 to 8, as accused in the said C.R. Learned APP, on instructions, states that the police have Digitally signed by RAJESHRI PRAKASH AHER Date:

2024.02.08 12:40:18 +0530 RAJESHRI PRAKASH AHER investigated the said C.R. and will shortly be filing a charge-sheet in Rajeshri Aher

2 13 wp 3167 of 2023.doc said case, as against respondent Nos.5 and 8. As far as Respondent Nos.6 and 7 are concerned, she states that the police have investigated their role, however, have not found their complicity in the said crime, in as much as, the said persons are only alleged to have introduced the petitioner to the respondent No.5. Considering the aforesaid, that charge-sheet is going to be filed shortly i.e. within four weeks, nothing survives for further consideration in the petition. The petition stands disposed of. Needless to state that, if the complicity of the other accused is seen during the trial, it is always open for the Court/State to take appropriate steps under Section 319 of Cr.P.C., if a case is so made out, as against any other accused.

The Writ Petition is disposed of on the aforesaid terms. MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J. Rajeshri Aher