Jasmeet Singh S/O Baldeosingh Sabarwal v. State Of Maharashtra, Through P.S. Panchpaoli, Nagpur

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

Criminal Writ Petition No. 43 of 2015 (Jasmeet Singh S/o Baldeosingh Sabarwal Vs. State of Maharashtra through Police Station, Panchpaoli, Nagpur) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri V. S. Mishra, Advocate for petitioner Shri M. K. Pathan, APP for the State/respondent CORAM : B. R. Gavai and P. B. Varale, JJ.

DATE : 22-9-2015.

Heard.

The petitioner has approached this Court praying for direction to handover the investigation in Crime No. 2/2013 registered at Police Station, Panchpaoli, Nagpur to Central Bureau of Investigation/Crime Branch, Nagpur.

The petitioner has approached this Court being dissatisfied with the manner in which the investigation is done in aforesaid crime. It is the case of the petitioner that he was duped by Lacs of Rupees by the accused. It is the contention of the petitioner that in the said crime, the amount is paid to the Baba at Delhi so as to do away the evils in the way of the petitioner. It is the main grievance of the petitioner that though the accused persons are absconding, the charge-sheet is filed. It is submitted that on such incomplete charge-sheet, no fruitful purpose will be served. It is submitted that some of the accused were released on regular bail while one accused was .....2/-

2 wp43.15.odt granted anticipatory bail.

All the accused persons are absconding and not traceable. Yesterday, when the matter was heard, this Court had made a querry to the learned Additional Public Prosecutor as to what steps have been taken to secure the presence of the accused persons and the matter is adjourned for today. Today, when the matter is called out, learned Additional Public Prosecutor submits that an application for cancellation of bail and action against surety was filed before the learned Sessions Court on 21-7-2015. Taking into consideration the fact that the accused are residents out of the State of Maharashtra, we find that it will be appropriate that further investigation is transferred to the Local Crime Branch, Nagpur. It is not necessary to state that on receipt of the further material, the additional chargesheet can always be filed by the investigating agency under sub-section 8 of Section 173 of the Code of Criminal Procedure.

The petition is disposed of in above terms.

JUDGE JUDGE wasnik ...../-