Tulsiram S/O Shanker Bansod v. State Of Mah. Thr. Pso Ramtek Dist.Nagpur

937 aba83.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.83 OF 2023 Tulshiram s/o Shanker Basod Vs. State of Maharashtra, through its PSO, Ramtek, Dist. Nagpur. _____________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri O.K. Masurke, Advocate for applicant.

Shri V.A. Thakre, APP for non-applicant/State CORAM : ANIL L. PANSARE, J.

DATE : FEBRUARY 21, 2023.

Heard.

2.

The offence punishable under Sections 420, 468 and 471 of the Indian Penal Code provides for punishment upto seven years. Therefore, the investigating officer shall proceed within the investigation in terms of the judgments of the Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2002) 10 SCC 51 and Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273. 3.

The learned advocate for the applicant submits that the purpose of filing of this application will be served, for the time being, if the investigating agency is directed to complete the investigation by following the law laid down in the aforesaid judgments.

4.

As such, these directions are not required, as the investigating agency is bound by the law laid down by the

937 aba83.23.odt Hon'ble Apex Court in the aforesaid judgments. However, towards abundant precaution, the investigating agency is directed to continue with the investigation in terms of the law laid down in the aforesaid judgments.

5.

The criminal application stands disposed of with aforesaid terms.

JUDGE Wagh