Jagesh Savjani v. State Of Maharashtra And ORS

IRESH MASHAL MASHAL Date: 2023.07.21 14:40:47 +0530 Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4743 OF 2022 Jagesh Savjani

...Petitioner

Versus

1. State of Maharashtra

2. Commissioner of Police, Navi Mumbai

3. Kharghar Police Station ....Respondents Mr. Rahul Gaikwad a/w Ms. Nikita Abhyankar, Ms. Aman Jhawar, Ms. Reshma Nair, Ms. Garima Joshi i/b Gravitas Legal for the petitioner Ms. S. S. Kaushik APP for the State CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 18th JULY 2023.

P.C. :

1.

Heard learned counsel for the parties. By this petition, the petitioner seeks the following substantive reliefs: "a. This Hon'ble Court be pleased to issue a writ or an order in the nature of a writ directing the Respondent No. 2 to transfer the investigation of C.R. No. 61 of 2022 to the Crime Investigation Department, Navi Mumbai; 1/3

b. This Hon'ble Court be pleased to direct the Respondent No. 3 Police Station to submit a Status Report before this Hon'ble Court of the investigation carried out by the Respondent No. 3 in C.R. No. 61 of 2022."

2.

By way of interim relief, it is prayed as under: "c. Pending the hearing and final disposal of the present Writ Petition, this Hon'ble Court be pleased to direct the Respondent No. 3 to transfer the investigation of C.R. No. 61 of 2022 to the Crime Investigation Department, Navi Mumbai;

d. Pending the hearing and final disposal of the present Writ Petition, this Hon'ble Court be pleased to direct the Respondent No. 3 Police Station to submit a Status Report before this Hon'ble Court of the investigation carried out by the Respondent No. 3 in C.R. No. 61 of 2022."

3.

Learned APP on instructions states that in view of the grievance made by the petitioner, the investigation has been transferred to another investigating officer and was supervised by the Deputy Commissioner of Police. She submits that after investigation, 2/3

chargesheet has also been filed in the Court of competent jurisdiction, and the Magistrate has also taken cognizance of the said chargesheet. She further submits that the accused in the said case were also arrested, however, were subsequently released on bail by the Court. 4.

Considering that the grievance of the petitioner has been redressed, nothing survives for further consideration in the petition. Petition stands disposed of.

GAURI GODSE, J.

REVATI MOHITE DERE, J.

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