Vinisha @ Priya Vinod Kukreja v. The Senior Inspector Of Police And ORS

rsk 1 38-WP-4744-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4744 OF 2018 Vinisha @ Priya Vinod Kukreja ..... Petitioner Vs.

The Senior Inspector of Police and Ors.

..... Respondents Mr. Mukin Solkar a/w. Mr. Fahim Hussain i/b Mrs. Zara Salati for the Petitioner.

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

CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

DATE : 11 APRIL 2023.

P. C.

1.

By this petition, the petitioner seeks the following substantive reliefs:

"a) To pass appropriate writ, order or direction to Respondent No.1 to take cognizance of the Petitioner's complaint dated 3/7/2018 by registering an FIR against the Accused persons named therein inter-alia for offences u/s.304-A, 107 r/w. 120-B & 34 of IPC. b) After ordering registration of FIR by Vasai Police Station, to direct transfer of the investigation to any other police station, to be carried out under the by RAJESHWARI SUBODH KARVE Date:

2023.04.19 11:31:35 +0530 supervision of any superior police officer not below the RAJESHWARI SUBODH KARVE rank of Additional or Deputy Superintendent of Police, District Palghar."

rsk 2 38-WP-4744-18.doc 2.

Having regard to the peculiar facts of the case, we expect that the police, who have registered the FIR, will take the investigation as against five accused to its logical end and will investigate the case impartially and independently. It is always open for the police to add offences, if the same are disclosed during the course of investigation. Similarly, if during the course of investigation it is found that there are other persons apart from 5 accused appearing to be guilty, the police to take appropriate steps. 3.

The writ petition is accordingly disposed of. We make it clear that we have not gone into the merits of the case and as such all contentions of all the parties are kept open. SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.