Mohammad Shafique A Majid Qureshi v. The State Of Maharashtra And ORS
wp.3687.16.38.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3687 OF 2016 Mohammad Shafique A. Majid Qureshi
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
Mr. Ganesh K. Gole for the Petitioner Ms. S. D. Shinde, A.P.P for the Respondent-State CORAM : RANJIT MORE & REVATI MOHITE DERE, JJ.
TUESDAY, 20th DECEMBER, 2016 P.C. :
1.
Heard.
2.
The petition is filed for the following reliefs: "(a) That this Hon'ble Court may kindly issue the writ of mandamus or any other appropriate writ thereby directing the respondent no. 1 and 2 initiate enquiry against the Respondent Nos. 3 and 4 and, (b) That this Hon'ble Court may kindly issue the writ of mandamus or any other appropriate writ thereby directing the respondent no. 1 and 2 to transfer the investigation of the instant M.E.C.R. No. 243 of 2015 registered with Agripada Police Station, Mumbai to other police station or other state agency or, in alternative;
(c) That this Hon'ble Court may kindly issue the writ of mandamus or any other appropriate writ thereby directing the SQ Pathan 1/2
wp.3687.16.38.doc respondent nos. 3 and 4 to submit the report of investigation in connection with the M.E.C.R. No. 243 of 2015 registered with Agripada Police Station before the concerned Hon'ble Court at the earliest."
3.
So far as the relief claimed in prayer clause (a) is concerned, the petitioner has alternate efficacious remedy to approach State Police Complaint Authority. We are, therefore, not inclined to grant the same. All points and contentions in this regard are kept open. 4.
So far as relief in prayer clauses (b) and (c) are concerned, the learned A.P.P on instructions state that the investigation is now transferred to the Officer of the rank of Inspector of Police by the Deputy Commissioner of Police, Zone-III. The said statement is accepted. 5.
In view of the statement, Mr. Gole learned Counsel for the petitioner states that the grievance raised in prayer clause (b) and (c) is redressed.
6.
In above circumstances, petition is disposed of. REVATI MOHITE DERE, J.
RANJIT MORE, J.
SQ Pathan 2/2