Shekhar S/O. Purushottam Kannao v. The State Of Maharashtra Thr. Its Secretary, Department Of Home, And Othr.

1 wp66.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.66/2019 Shekhar S/o Purushottam Kannao ..Vs..

The State of Maharashtra and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.P. Kannao, petitioner in person.

Shri M.K. Pathan, A.P.P. for respondent Nos.1 to 4. CORAM : P.N. DESHMUKH AND SMT. PUSHPA V. GANEDIWALA, JJ.

DATED : 10.7.2019.

1.

Heard petitioner in person and learned A.P.P. for respondent Nos.1 to 4.

2.

The record reveals that, considering the reliefs sought in the petition, no notices were found necessary to be issued to rest of the respondents.

3.

This petition is filed praying for issuing directions to respondent Nos.1 to 4 to complete investigation in Crime No.72/2015 as early as possible or making it time bound, and for issuing directions to respondent Nos.1 to 4 to appoint Chartered Accountant to assist the investigating agency.

4.

Petitioner is complainant in Crime No.72/2015 registered with respondent / State for the offence punishable under Sections 420, 465, 468, 408 and 471 read with Section 34 of the Indian Penal Code

2 wp66.19 alleging that respondent Nos.5 to 12 along with deceased - Shripad Yeshwant Palsokar involved in manipulation of accounts of the trust resulting into defalcation and misappropriation of funds causing huge loss and complainant had accordingly lodged report upon which offence, as aforesaid, came to be registered. Prayer was for appointment of Chartered Accountant to assist and facilitate the investigation as aforesaid. From the additional affidavit-in-reply filed on record it is clear that the State has already appointed Chartered Account to assist the investigating agency by conducting audit as has been requested by petitioner in the present crime and that one Abhijeet Kelkar and Company (Chartered Accountant) is appointed as Chartered Account on 14th May, 2019.

Having considering the facts as aforesaid, we find petitioner's grievance has been redressed as State Government has already appointed Chartered Accountant for conducting audit. Needless to state that after the audit report is submitted, further steps for completion of investigation would be taken by the investigating agency. 5.

In that view of the matter, we find that no further directions are required to be issued in the present petition nor the investigation, which is prayed to be made time bound, can be issued in this petition. In the circumstances, writ petition stands disposed of in the above terms with no orders as to costs JUDGE JUDGE Tambaskar.