Khooshi Gurubhai Thakkar v. The State Of Maharashtra And ORS

1/2 wp4729.15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4729 OF 2015 Khooshi Gurubhai Thakkar ...

Petitioner V/s.

State of Maharashtra & ors.

...

Respondents Mr. M.G. Shukla i/b. Girish Kulkarni for the petitioner. Mr. J.P. Yagnik, APP for the State.

CORAM :

NARESH H. PATIL AND A.M. BADAR, JJ.

18th April, 2016.

P.C.

Heard.

2.

In respect of subject crime, chargesheet has been filed. Petitioner -wife of accused Gurubai Thakkar has filed present petition. Learned Counsel submits that petitioner's husband has been framed by the police. Petitioner's husband has received threatening calls from Arthur Road Jail. CCTv footage discloses that prosecution theory is absolutely absurd and

2/2 wp4729.15.sxw not believable and reliable. Learned APP submits that police had investigated the case fairly. Chargesheet is filed for offences punishable under Section 387 of IPC whereas at the time of registration of FIR Section 364 A and 325 of the ARMS Act was also included. 3.

Without expressing any opinion on the merits of the chargesheet and the contentions raised by the petitioner in respect of the innocence of her husband, we observe that in case the petitioner is desirous of raising specific issues in respect of the role of investigating officer, she is free to file comprehensive representation addressed to DCP of concerned Zone within two weeks from today. In case such a representation is received, we direct the DCP to look into the matter and communicate the petitioner. 4.

The accused may resort to appropriate alternate remedy. Keeping all issues on merits open, petition is disposed of. (A.M. BADAR, J.) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.