Mr. Prashant S/O Bhagwantrao Raikwar v. State Of Maharashtra, Thr. Its Secretary, Dept. Of Home, Mumbai And Others

2702apl129.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.129 OF 2015 (Prashant s/o Bhagwantrao Raikwar vs. State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri R.R. Vyas, Advocate for applicant.

Shri V.A. Thakare, Additional Public Prosecutor for respondent nos.1 to 3.

---------- CORAM : A.B. CHAUDHARI AND P.N. DESHMUKH, JJ.

DATED : FEBRUARY 27, 2015 Heard Shri Vyas, learned Counsel for the applicant.

He invited our attention to the first information report lodged by respondent no.4 Pranita d/o Wasudeo Wajage on 14/8/2014. He submitted that the said first information report lodged by respondent no.4, who is aged about 14 years, is clearly after-thought and as a counter blast. It is not possible for us to decipher what

2702apl129.15 2/2 is correct and what is not at this stage unless the investigation is allowed to go ahead for sometime. That being so, at this stage we do not want to entertain the present criminal application and we allow the Investigating Officer to continue investigation.

Shri Vyas, learned Counsel for the applicant, further submitted that charge-sheet should be got approved by the Investigation Officer from the concerned Law Officer before filing. We think that is the position as per Police Manual and Government's instructions. Hence, investigation papers would obviously be submitted to the concerned Law Officer before filing.

With the above observations, the criminal application is disposed of.

JUDGE JUDGE khj