Pravin S/O. Satyanarayan Kakani And Others v. The State Of Maharashtra And Others

(1) 38-wp-984-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.984 OF 2020 PRAVIN S/O. SATYANARAYAN KAKANI AND OTHERS ..PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. P. D. Jarare, Advocate for the Petitioners. Mr. S. D. Ghayal, AGP for Respondents-State.

...

CORAM : SARANG V. KOTWAL AND BHARAT P. DESHPANDE, JJ.

DATED : 11th JULY, 2022.

PER COURT:- 1.

At the outset learned counsel for the petitioners states that, he is not pressing prayer Clauses B, D and E. The petition is restricted to prayer Clause C, which reads thus:

"By issuing appropriate writ or order or directions in the like nature the investigation in relation to FIR No.0043/2019, 0044/2019, 0045/2019, 0046/2019, 0047/2019, 0048/2019, 0049/2019 my kindly be transferred to the Economic Offences Wing, Nanded and for that purpose may issue necessary order."

2.

Learned APP points out and learned counsel for the petitioners has also accepted that chargesheet in this case is already filed. Copy of which is already annexed to this petition.

(2) 38-wp-984-2020 3.

Learned counsel for the petitioners submits that, the investigation has not proceeded in proper manner. Some important statements are not recorded. The entire investigation is conducted which ultimately would be beneficial to the accused.

4.

Learned APP submitted that, though chargesheet is filed, some further statements are already recorded and they would be submitted in the form of supplementary charge-sheet.

5.

In this view of the matter, the petitioners can approach the Court of Magistrate and put forth their grievance and if necessary ask for further investigation. Therefore, in this background, learned counsel for the petitioners does not press this petition and seeks liberty to approach the Court of Magistrate.

6.

Permission is granted. The petition is allowed to be withdrawn. The petitioners are at liberty to make an appropriate application before the Court of Magistrate for further investigation. Such application, if made shall be dealt with in accordance with law.

7.

Writ Petition is disposed of.

(BHARAT P. DESHPANDE) (SARANG V. KOTWAL) JUDGE JUDGE Devendra/July-2022