Suresh Muljibhai Darji And ANR v. The State Of Maharashtra And ANR

1 WP 5058-17.doc-36

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5058 OF 2017 Mr. Suresh Muljibhai Darji & Anr.

] ... Petitioners

Versus

State of Maharashtra & Anr.

] ... Respondents Mr. Behzad Irani for Petitioners.

Mr. Deepak Thakare, P. P. a/w Mr. Rajan Salvi, Addl. P. P. for State - Respondent No.1.

CORAM :- R. M. SAVANT & SARANG V. KOTWAL, JJ.

DATE :- 28 MARCH, 2018 P. C. :- 1.

In terms of our directions as contained in the order dated 07/03/2018, the Deputy Commissioner of Police, Zone XI, Mumbai, has submitted his report dated 27/03/2018. The said report is taken on record and marked 'X' for identification. In the said report, the Deputy Commissioner of Police has recorded that he has gone through the records of the case in question and on such perusal, he is satisfied with the investigation which was carried out by the Borivali Police Station insofar as C.R.No.399 of 2010 is concerned. The said report URS

2 WP 5058-17.doc-36 alludes to the charge-sheet which was filed in the year 2011 and thereafter, the supplementary charge-sheet which has been filed in the year 2013. The said report also considers the Petitioners' grievance as regards the arrest of an unknown person who, on inquiry by the police, was found to be one Arun Ashok Pawar against whom nothing incriminating has been found by the investigating agency. 2.

In our view, having regard to the said report, it is not possible for us to grant the multifarious reliefs which are sought by way of the above Writ Petition. The Writ Petition is accordingly disposed of.

3.

Since the FIR was registered in the year 2010 and the charge-sheets have been filed in the years 2011 and 2013 respectively, we deem it appropriate to expedite the trial insofar as C.C.No.353/PW/2013 is concerned.

(SARANG V. KOTWAL, J.) (R. M. SAVANT, J.) URS