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Bombay High CourtWP/282/2023disposed off

Narain Budharmal Kalani v. State Of Maharashtra And ANR.

2023-03-31Hon'Ble Justice Revati Mohite Dere,Hon'Ble Justice Sharmila U. Deshmukh2 pages

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2023.04.05 11:05:48 +0530 22-wp.282.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.282 OF 2023 Narain Budharmal Kalani

...Petitioner

Versus

The State of Maharashtra and Anr.

...Respondents

Mr. Pankaj J. Das, for the Petitioner.

Ms. P. P. Shinde, A.P.P for the Respondents - State. PSI - M. A. Jadhav, Central Police Station, Thane City, is present. CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

DATE : 31st MARCH 2023 P.C. :

1.

By this petition, the petitioner has sought the following substantive relief:- "22 .... ....

(a) This Hon'ble Court be pleased transfer the investigation of FIR being Cr No. 433 of 2022 registered with Central Police Station, Ulhasnagar, District: Thane to any other independent Investigating Agency that this hon'ble Court may deem fit and proper in the fact and circumstances of the present case." N. S. Chitnis 1/2

22-wp.282.2023.doc 2.

The grievance of the learned counsel for the petitioner is that apart from Krishnakanth Pulaparthi and Pankaj, there were other persons, who ought to have been made an accused and arrested, inasmuch as, the monies were transferred into their accounts. 3.

Learned APP on instructions states that the police after investigation have filed charge-sheet in the said case on 13th January 2023, as against Krishnakanth Pulaparthi and Pankaj. She submits that the investigation revealed that the monies transferred to the account of the other persons were again transferred by the said persons into the account of accused Krishnakanth Pulaparthi and Pankaj and as such the complicity of the said persons was not seen and as such they were not made accused.

4.

Considering the aforesaid, no case is made out for transfer of investigation. Petition is dismissed and accordingly disposed of. SHARMILA U. DESHMUKH, J.

REVATI MOHITE DERE, J.

N. S. Chitnis 2/2