Shabnam @ Sana W/O. Afzal Shaikh v. The State Of Maharashtra And ORS
sat 1/2 wp 4298-2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4298 OF 2015 Smt.Shabnam @ Sana w/o. Afzal Shaikh
...Petitioner
vs.
Stae of Maharashtra & Ors.
...Respondents
Mr.Omprakash Pandey i/b. Pandey & Co. for Petitioner. Mr.J.P. Yagnik, APP for State.
CORAM : RANJIT MORE & S.C. GUPTE, JJ.
29 JANUARY 2016 P.C. :
Heard Mr.Pandey, learned Counsel for the Petitioner and Mr.Yagnik, learned APP for the State.
The petition is filed seeking direction to transfer the investigation of MECR No.1 of 2015 registered at Sahar Police Station to any other independent agency. The transfer is sought on sole ground that during the investigation, police have not recovered the Petitioners' streedhan from the Respondent. In pursuance of the Petitioner's complaint, the Magistrate issued notice under Section 156(3) of Cr.P.C., accordingly the subject CR is registered by Sahar Police Station.
Mr.Yagnik, learned APP, having taken instructions from the officer concerned, makes a statement that the investigation is almost complete in the said CR. The articles are recovered under the panchanama. He submits that the charge sheet could not be filed, as ad-interim order of not to arrest was passed in the anticipatory bail application filed by the accused in the subject crime. He further states that in the event, the Respondent accused is granted anticipatory bail, he will be formally arrested, thereafter charge sheet would be filed, as expeditiously as possible.
sat 2/2 wp 4298-2015.doc In the light of above, we do not find any merit in the allegations of the Petitioner which are made on the basis of non recovery of the Petitioner's ornaments. The investigation in the said crime is satisfactory. We do not find any need to transfer the said investigation to any other independent agency. The petition is devoid of any merit and the same is, accordingly, dismissed.
(S.C. GUPTE, J.) (RANJIT MORE, J.)