Mrs. Sandhya Satish Shekatkar v. The State Of Maharashtra And ANR

Osk 30-Wp-3852-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3852 OF 2015 Mrs. Sandhya Satish Shekatkar ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Mr.Murtaza Nazmi i/b. Mr. Prabhat Kumar J. Dube for Petitioner. Mr.S.V. Gavand, A.P.P. for Respondent-State.

A.P.I. Mr. Tejanshu Patil, E.O.W., Thane is present. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 27th March 2024.

P.C. :

1) Learned A.P.P., on instructions from A.P.I. Mr. Tejanshu Patil, E.O.W., Thane, submitted that, the investigation of the present crime is completed, however in view of the directions issued by this Court by Order dated 20th September 2016, chargesheet could not be filed. He submitted that, there is sufficient material available to show involvement of the Petitioner in the present crime.

2) As the police have completed investigation, we are permitting the Investigating Agency to file chargesheet in the Court of competent jurisdiction, within a period of two weeks from today. 1/2

Osk 30-Wp-3852-2015.doc 3) As the police are filing chargesheet, in view of the observations made by the Hon'ble Supreme Court in para No. 7 of Iqbal alias Bala and Ors. Vs. State of U.P. and Ors., reported in (2023) 8 SCC 734 : 2023 SCC OnLine SC 949, Mr. Nazmi, learned counsel for Petitioner seeks leave to withdraw Petition with liberty to avail alternate remedy under the provisions of Criminal Procedure Code before the trial Court. 3.1) Leave and liberty granted.

4) Disposed off as withdrawn with aforesaid liberty. 5) All contentions of both the parties are kept open. ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2024.04.02 10:17:37 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2