Rakesh Kumar v. The State Of Maharashtra

rsk 1 11-WP-108-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.108 OF 2023 Rakesh Kumar ..... Petitioner Vs.

The State of Maharashtra ..... Respondent Mr. Gaurang C. Jhaveri i/b Mr. Amey R. Deshpande for the Petitioner.

Ms. S. S. Kaushik, APP for Respondent-State.

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

DATE : 3 MAY 2023.

P. C.

1.

By this petition the petitioner seeks the following substantive reliefs:

"The Hon'ble High Court be pleased to transfer the Investigation in the FIR (MECR) bearing no.6 of 2021 dated 2/12/2021 for the offence punishable u/s.420, 468, 471, 474 and 120B r/w. 34 of Indian Penal Code and with u/s 12 of Passport Act registered with BKC Police Station to any other Investigating agency or to any other police station for clean and impartial investigation under the supervision of this Hon'ble Court."

by RAJESHWARI SUBODH KARVE Date:

2023.05.04 18:08:43 +0530 RAJESHWARI SUBODH KARVE 2.

Learned APP has filed an affidavit dated

rsk 2 11-WP-108-23.doc 17/3/2023 of the Assistant Police Inspector and the Investigating Officer, Pravin Mahadev Prabhu attached to Juhu Police Station, Mumbai.

3.

From the said affidavit, it appears that the petitioner had filed a private complaint under section 156(3) of Cr.P.C. as against his daughter-in-law Anubhuti Singh, alleging that she has given different dates whilst applying for passport. From the affidavit it appears that the police have conducted investigation and have filed an "A" summary report before the learned Metropolitan Magistrate, 71st Court, Bandra, Mumbai dated 1/8/2022.

4.

Considering that an "A" summary report has been filed by the police, the question of seeking transfer of the case does not arise.

5.

Accordingly, the petition stands dismissed.

SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.