Junaid Ebrahim Khan v. The Union Of India Andand ORS

2023:BHC-AS:29800-DB CAJ 21-Wp-281-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 281 OF 2023 Junaid Ebrahim Khan ... Petitioner V/s.

The Union Of India And Ors.

... Respondents Mr. Tapan Thatte a/w Mr. Kianishk Waghwase for Petitioner. Mrs. A. S. Pai, PP a/w Mr. S. S. Hulke, APP for Respondent-State. Mr. Mahesh Mishra for Respondent No.6.

Mr. Babaram Shinde, PI, EOW, Mumbai is present. CORAM : A.S. GADKARI AND SHARMILA U. DESHMUKH, JJ.

DATE : 5th OCTOBER, 2023.

P.C. :

1.

In pursuance of Order dated 3rd March, 2023, Shri. Nishith Mishra, Joint Commissioner of Police, EOW, Mumbai, has filed Affidavit dated 17th March, 2023. In para No. 21 thereof, he has recorded his opinion that, investigation of present crime carried out so far is satisfactory and the same is carried out without any bias or favour either to the complainant or the accused. That, Respondent No.4 has been directed to monitor the investigation of the said crime. We are satisfied with the Affidavit of Joint Commissioner of Police, EOW, Mumbai.

2.

Today, learned APP on instructions from Mr. Babaram Shinde, PI, EOW, Mumbai submitted that, investigation of the present crime is completed and the investigating agency will be submitting charge-sheet in 1/2

CAJ 21-Wp-281-2023.doc the Court of competent jurisdiction within 10 working days from today. The said statement is accepted.

3.

In view thereof, nothing further survives in the present Petition and is accordingly disposed off.

4.

It is made clear that, if the Petitioner after perusing the chargesheet finds that, further investigation on certain points is necessary, he is at liberty to file appropriate Application before the trial Court, if so advised and as may be permissible under the law.

(SHARMILA U. DESHMUKH, J.) (A.S. GADKARI, J.) 2/2