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Bombay High CourtWP/304/2019disposed off

Smt Nandita Ravindra Tripathi v. State Of Mah. Thr. Its Secretary Home Dept, Mantralaya, Mumbai

2021-01-13Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Avinash G. Gharote2 pages

cri.wp304.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL WRIT PETITION NO.304/2019 Smt. Nandita W/o Ravindra Tripathi ..Vs..

State of Maharashtra and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri S.S. Dhengale, Advocate for the petitioner. Shri S.M. Ghodeswar, A.P.P. for the respondents / State. CORAM :- SUNIL B. SHUKRE AND AVINASH G. GHAROTE , JJ.

DATED :- 13.1.2021.

1.

Heard.

2.

We have gone through the multiple replies filed in this case. On perusal, it is seen that lot of effort has been taken out by the present Investigating Officer to reach the real culprit. It appears that luck eluded him. Now, there is a request for transfer of investigation to local crime branch. We have our own doubts about such transfer as we have already seen that Investigating Officer has so far left no stone unturned in making investigation in the present case. Nevertheless, considering anxiety of complainant i.e. the petitioner, we would be requesting the Investigating Officer to place the entire material gathered by him during the course of investigation before the Commissioner of Police i.e. respondent No.2 and we would

cri.wp304.2019.odt then request respondent No.2 to go through the entire material and take a call as to whether or not there is any more need for making further investigation and if yes, by whom. In case, respondent No.2 is of the view that there is no more need to carry out any further investigation, he may also take an appropriate decision in that regard and close the case appropriately.

3.

These observations made hereinabove, in our opinion, should suffice the purpose of this petition and, therefore, the petition stands disposed of. However, respondent No.2 shall send a copy of his report regarding the examination of the material produced before him and the decision taken by him in the matter to this Court within four weeks from the date of the order. The copy of the report shall also be furnished to the petitioner. JUDGE JUDGE Tambaskar.